WP(C) Nos. 37635 of 2022 and 4428 of 2023 — I. Bindu v State of Kerala and others; Manager, V.P.M. Higher Secondary School, Vellarada v State of Kerala and others

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN ``` ``` MONDAY, THE 13[TH] DAY OF FEBRUARY 2023 / 24TH MAGHA, 1944 ``` ## **`WP(C) NO. 37635 OF 2022`** ## **`PETITIONER:`** ``` I.BINDU AGED 56 YEARS ``` ``` RETIRED TEACHER-IN-CHARGE, DEVI KRIPA, ARUVIPURAM ROAD, PERUMPAZHATHOOR P.O., NEYYATTINKARA, THIRUVANANTHAPURAM-695 125. ``` ``` BY ADV S.MOHAMMED AL RAFI ``` ## **`RESPONDENTS:`** - **`1 STATE OF KERALA REPRESENTED BY SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.`** - **`2 THE DIRECTOR OF GENERAL EDUCATION, THIRUVANANTHAPURAM-695 014.`** - **`3 THE DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM-695 014.`** - **`4 THE DISTRICT EDUCATIONAL OFFICER, NEYYATTINKARA, THIRUVANANTHAPURAM-695 121.`** - **`5 THE MANAGER VPM HIGHER SECONDARY SCHOOL, VELLARADA, THIRUVANANTHAPURAM-695 505.`** - **`6 THE HEAD MASTER VPM HIGHER SECONDARY SCHOOL, VELLARADA, THIRUVANANTHAPURAM-695 505.`** - **`BY ADVS. REKHA VASUDEVAN SOYA D.C(S-1688) P.PRATHYUSHA(K/530/2009) ELIZABETH V.JOSEPH(K/1385/2020) ROJIT ZACHARIAH(K/2271/2021)`** ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON ``` ``` 13.02.2023, ALONG WITH WP(C).4428/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` WP(C) Nos. 37635 of 2022 and 4428 of 2023 2 # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN ``` ``` MONDAY, THE 13[TH] DAY OF FEBRUARY 2023 / 24TH MAGHA, 1944 WP(C) NO. 4428 OF 2023 ``` ## **`PETITIONER:`** ``` THE MANAGER V.P.M. HIGHER SECONDARY SCHOOL, VELLARADA, THIRUVANANTHAPURAM, PIN - 695505 ``` ``` BY ADVS. REKHA VASUDEVAN SOYA D.C P.PRATHYUSHA ELIZABETH V.JOSEPH ROJIT ZACHARIAH ``` ## **`RESPONDENTS:`** - **`1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001`** - **`2 THE DIRECTOR OF GENERAL EDUCATION OFFICE OF DIRECTOR OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM, PIN - 695014`** - **`3 THE DEPUTY DIRECTOR OF EDUCATION OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, FORT, THIRUVANANTHAPURAM, PIN - 695036`** - **`4 THE DISTRICT EDUCATIONAL OFFICER DISTRICT EDUCATION OFFICE, NEYYATINKARA, THIRUVANANTHAPURAM, PIN - 695101`** - **`5 I. BINDU HIGH SCHOOL TEACHER (MATHS),`** WP(C) Nos. 37635 of 2022 and 4428 of 2023 3 ``` VPM HIGHER SECONDARY SCHOOL, VELLARADA, THIRUVANANTHAPURAM- 695505, RESIDING AT DEVI KRIPA, ARVIPURAM ROAD, PERUMPAZHATHOOR P.O., NEYYATTINKARA, THIRUVANANTHAPURAM, PIN – 695125 ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.02.2023, ALONG WITH WP(C).37635/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` WP(C) Nos. 37635 of 2022 and 4428 of 2023 4 ## **P.V.KUNHIKRISHNAN, J.** **=================== WP(C) Nos. 37635 of 2022 and 4428 of 2023** **=================== Dated this the 13[th] day of February 2023** ## **J U D G M E N T** These two writ petitions are connected and therefore, I am disposing of these two writ petitions by a common judgment. 2. The prayers in these writ petitions are extracted hereunder; ## W.P.(C ) No. 37635 of 2022 “ i. Issue a writ of mandamus, or any other appropriate writ order or direction, commanding the 2nd respondent to consider Ex-P16 and to take action and to pass appropriate order disqualifying the 5[th] respondent as the Manager of VPM Higher Secondary School Vellarada forthwith. ii. Issue a writ of mandamus or any other appropriate writ order or direction, commanding the 5[th] respondent to submit the proposal appointing the petitioner as Headmistress with effect from 01/04/2019-31/05/2022 immediately. WP(C) Nos. 37635 of 2022 and 4428 of 2023 5 iii. Issue a writ of mandamus, or any other appropriate writ order or direction, commanding the 4th respondent to consider the appointment of Headmaster in 5[th] respondent School only after approving the appointment of petitioner as Headmistress with effect from 01/04/2019. iv. Kindly dispense with the production of English translation of Malayalam documents. v. Grant such other or further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. ” (SIC) ## W.P.(C ) No. 4428 of 2023 “ i. Quash Exhibit P28 Order issued by the 2nd respondent and P30 report issued by the 4th respondent by the issuance of a writ of certiorari, or any other appropriate writ, order or directions; ii. Direct the 1[st] respondent to consider Exhibit P31 application submitted by the petitioner, within the shortest time frame, by the issuance of the writ of mandamus or other appropriate writ, order or direction. iii. Grant such other reliefs as may be prayed for and as the court may deem fit to grant and iv. Grant the cost of the writ petition. ” (SIC) 3. W.P.(C.) No. 4428 of 2023 is filed mainly challenging WP(C) Nos. 37635 of 2022 and 4428 of 2023 **==> picture [8 x 9] intentionally omitted <==** Ext.P30 order of the District Educational Officer, Neyyattinkara dated 27.05.2022 against which the petitioner submitted Ext.P31 before the 1[st] respondent. The learned counsel for the petitioners submitted that the same may be directed to be considered within a time frame. W.P.(C.) No. 37635 of 2022 is filed to implement Ext.P30 in W.P.(C.) No. 4428 of 2023. 4. Heard the learned Counsel for the petitioners and the learned Counsel appearing for the respondents. I think these two writ petitions can be disposed of, directing the 1[st] respondent to consider Ext.P31 in W.P.(C.) No. 4428 of 2023 and based on that decision of the government in Ext.P31, the Manager can be directed to take appropriate steps, in accordance to law. 5. Therefore, these writ petitions are disposed of with the following directions. 1. The 1[st] respondent in W.P.(C.) No. 4428 of 2023 is directed to consider and pass appropriate orders in Ext.P31, as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a copy of this WP(C) Nos. 37635 of 2022 and 4428 of 2023 **==> picture [8 x 9] intentionally omitted <==** judgment with notice to the petitioners in these writ petitions. 2. Based on the decision in Ext.P31 revision, the petitioner in W.P.(C.) No. 4428 of 2023 will take necessary steps, in accordance with law. 3. Petitioners will produce a certified copy of this judgment, along with a copy of these writ petitions before the 1[st] respondent for compliance. ## **Sd/-** ## **P.V.KUNHIKRISHNAN** **JUDGE** LU WP(C) Nos. 37635 of 2022 and 4428 of 2023 8 ## **`APPENDIX OF WP(C) 4428/2023`** ## **`PETITIONER EXHIBITS :`** ``` EXHIBIT P1A TRUE COPY OF THE ORDER NO. B2/5156/2022 DATED 19.9.2022 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER EXHIBIT P2TRUE COPY OF THE COMPLAINT DATED 28.07.2019 SUBMITTED BY THE TEACHER-IN- CHARGE OF THE NOON FEEDING COMMITTEE OF THE CONCERNED SCHOOL EXHIBIT P3TRUE COPY OF THE COMPLAINT DATED 05.08.2019 SUBMITTED BY THE PTA COMMITTEE EXHIBIT P4TRUE COPY OF THE COMPLAINT DATED 20.8.2019 SUBMITTED BY THE PTA PRESIDENT OF THE CONCERNED SCHOOL TO THE 4TH RESPONDENT EXHIBIT P5A TRUE COPY OF THE MEMO OF CHARGES ALONG WITH THE STATEMENT OF ALLEGATIONS DATED 4.9.2019 EXHIBIT P6A TRUE COPY OF THE ORDER NO. M/910/19 DATED 10.10.2019 ISSUED BY THE PETITIONER EXHIBIT P7A TRUE COPY OF THE ORDER NO. K.DIS. B7/23646/2019/DDE DATED 22.10.2019 ISSUED BY THE 3RD RESPONDENT EXHIBIT P8A TRUE COPY OF THE MEMO OF CHARGES ALONG WITH THE STATEMENT OF ALLEGATIONS DATED 11.11.2019 ISSUED BY THE PETITIONER TO THE 5TH RESPONDENT EXHIBIT P9A TRUE COPY OF THE ENQUIRY REPORT DATED 1.2.2020 ISSUED BY THE 3RD RESPONDENT EXHIBIT P10A TRUE COPY OF LETTER B2/2399/2019(1) DATED 11.2.2020 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER EXHIBIT P11A TRUE COPY OF THE APPEAL DATED 2.3.2020 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT EXHIBIT P12A TRUE COPY OF THE ORDER NO. M/926/2020 DATED 3.3.2020 ISSUED BY THE PETITIONER EXHIBIT P13A TRUE COPY OF THE ORDER DATED 3.9.2020 ISSUED BY THE 4TH RESPONDENT EXHIBIT P14A TRUE COPY OF THE ORDER DATED ``` WP(C) Nos. 37635 of 2022 and 4428 of 2023 9 - **`17.12.2020 ISSUED BY THE 3RD RESPONDENT`** - **`EXHIBIT P15 A TRUE COPY OF THE ORDER VB1/1803/2020/DGE DATED 15.10.2020 ISSUED BY THE ADDITIONAL DIRECTOR OF GENERAL EDUCATION (GENERAL & VIGILANCE)`** - **`EXHIBIT P16 A TRUE COPY OF THE ENQUIRY REPORT NO. B(7)/23646/2019 DATED 12.1.2021 ISSUED BY THE 3RD RESPONDENT`** - **`EXHIBIT P17 TRUE COPY OF THE SUSPENSION ORDER NO. M/962/19 DATED 18.1.2021 ISSUED BY THE PETITIONER TO THE 5TH RESPONDENT`** - **`EXHIBIT P18 A TRUE COPY OF THE ORDER NO. M/926/19 DATED 8.4.2021 ISSUED BY THE PETITIONER`** - **`EXHIBIT P19 . A TRUE COPY OF THE APPEAL DATED 22.4.2021 SUBMITTED BY THE 5TH RESPONDENT BEFORE THE 2ND RESPONDENT`** - **`EXHIBIT P20 A TRUE COPY OF THE JUDGEMENT DATED 25.6.2021 IN THE WP(C) NO. 11808 OF 2021 OF THIS HONOURABLE COURT`** - **`EXHIBIT P21 A TRUE COPY OF THE JUDGMENT DATED 22.9.2021 IN WP(C) 19625 OF 2021 OF THIS HONOURABLE COURT`** - **`EXHIBIT P22 A TRUE COPY OF THE ORDER G.O.(RT) NO. 4771/2021/GEDN DATED 23.10.2021 ISSUED BY THE 1ST RESPONDENT`** - **`EXHIBIT P23 A TRUE COPY OF THE ORDER NO. B2/4427/2021/D.DIS. DATED 9.11.2021 ISSUED BY THE 4TH RESPONDENT`** - **`EXHIBIT P24 A TRUE COPY OF THE ORDER B2/7275/2020 DATED 20.11.2021 ISSUED BY THE 4TH RESPONDENT`** - **`EXHIBIT P25 A TRUE COPY OF THE ORDER NO. S/902/2021 DATED 25.11.2021 ISSUED BY THE PETITIONER`** - **`EXHIBIT P26 A TRUE COPY OF THE JUDGEMENT DATED 3.12.2021 IN WP(C) 27552 OF 2021 OF THIS HONOURABLE COURT`** - **`EXHIBIT P27 TRUE COPY OF THE REVISION PETITION DATED 20.12.2021 PREFERRED BEFORE THE 1ST RESPONDENT`** - **`EXHIBIT P27(A) A TRUE COPY OF THE STAY PETITION DATED 20.12.2021 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT`** - **`EXHIBIT P28 A TRUE COPY OF THE ORDER NO. VB1/235796/2021/DGE DATED 26.2.2022`** WP(C) Nos. 37635 of 2022 and 4428 of 2023 10 ``` ISSUED BY THE 2ND RESPONDENT EXHIBIT P29TRUE COPY OF THE ORDER G.O. (RT) NO. 1884/2022/GEDN DATED 21.3.2022 ISSUED BY THE 1ST RESPONDENT ``` ``` EXHIBIT P30TRUE COPY OF FORWARDING LETTER DATED 1.8.2022 ALONG WITH THE COPY OF THE REPORT DATED 27.5.2022 ISSUED BY THE 4TH RESPONDENT ``` ``` EXHIBIT P31A TRUE COPY OF THE APPLICATION DATED 5.8.2022 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT EXHIBIT P32A TRUE COPY OF THE ORDER B2/39834/2022 DATED 3.12.2022 ISSUED BY THE 4TH RESPONDENT ``` WP(C) Nos. 37635 of 2022 and 4428 of 2023 11 ## **`APPENDIX OF WP(C) 37635/2022`** ## **`PETITIONER EXHIBITS :`** - **`EXHIBIT P1 TRUE COPY OF THE ORDER NO.B2/2399/2019 DATED 12/4/2019 ISSUED BY THE 4TH RESPONDENT.`** - **`EXHIBIT P2 TRUE COPY OF MEMO DATED 10.10.2019 ISSUED BY THE 5TH RESPONDENT.`** - **`EXHIBIT P3 TRUE COPY OF THE ENQUIRY REPORT NO.B (7)/23646/2019 DATED 1/2/2020 ISSUED BY THE 3RD RESPONDENT.`** - **`EXHIBIT P4 TRUE COPY OF THE ORDER NO.M/926/2020 DATED 3/3/2020 ISSUED BY THE 5TH RESPONDENT.`** - **`EXHIBIT P5 TRUE COPY OF THE ORDER NO.B2/2399/2019 DATED 11/2/2020 ISSUED BY THE 4TH RESPONDENT.`** - **`EXHIBIT P6 TRUE COPY OF THE ORDER NO.VB1/1803/2020 DGE DATED 15/10/2020 ISSUED BY THE 2ND RESPONDENT.`** - **`EXHIBIT P7 TRUE COPY OF THE ENQUIRY REPORT NO. B(7)/23646/2019 DATED 12/1/2021 ISSUED BY THE 3RD RESPONDENT.`** - **`EXHIBIT P8 TRUE COPY OF THE ORDER NO. M/926/19 DATED 8/4/2021, ISSUED BY THE 5TH RESPONDENT.`** - **`EXHIBIT P9 TRUE COPY OF THE G.O.(RT) NO. 4771/2021/ GEDN DTD. 23/10/2021.`** - **`EXHIBIT P10 TRUE COPY OF THE ORDER NO.B2/4427/ 2021/D.DIS. DATED 09/11/2021 ISSUED BY THE 4TH RESPONDENT.`** - **`EXHIBIT P11 TRUE COPY OF THE ORDER NO.VB1/235796/ 2021/DGE DATED 26/2/2022 ISSUED BY 2ND 5 RESPONDENT.`** - **`EXHIBIT P12 TRUE COPY OF THE G.O.(RT)NO. 1884/2022/ GEDN DATED 21/3/2022 ISSUED BY THE 1ST 56 RESPONDENT.`** - **`EXHIBIT P13 TRUE COPY OF THE ENQUIRY REPORT DATED 27/5/2022 ISSUED BY 4TH RESPONDENT.`** - **`EXHIBIT P14 TRUE COPY OF THE ORDER NO.B2/17814/2020 DATED 3/9/2020 ISSUED BY THE 4TH RESPONDENT .`** - **`EXHIBIT P15 TRUE COPY OF THE ORDER NO.B5/212845/2020`** WP(C) Nos. 37635 of 2022 and 4428 of 2023 12 ``` DATED 17/12/2020 BY THE 3RD RESPONDENT. EXHIBIT P16TRUE COPY OF THE REPRESENTATION DATED 12/09/2022 SUBMITTED BY THE PETITIONER BE BEFORE 2ND RESPONDENT. ``` ``` EXHIBIT P17TRUE COPY OF THE REPRESENTATION DATED 12/9/22 SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT. ``` - **`RESPONDENT EXHIBITS :`** - **`EXHIBIT R5(A) TRUE COPY OF THE COMPLAINT DATED 28.07.2019 SUBMITTED BY THE TEACHER-INCHARGE OF THE NOON FEEDING COMMITTEE OF THE 5TH RESPONDENT SCHOOL`** - **`EXHIBIT R5(B) TRUE COPY OF THE COMPLAINT DATED 05.08.2019 SUBMITTED BY THE PTA COMMITTEE OF THE 5TH RESPONDENT SCHOOL`** - **`EXHIBIT R5(C) TRUE COPY OF THE COMPLAINT DATED 20.8.2019 SUBMITTED BY THE PTA PRESIDENT OF THE 5TH RESPONDENT SCHOOL`** - **`EXHIBIT R5(D) TRUE COPIES OF THE NOTICE DATED 03.10.2019 ISSUED TO THE PETITIONER`** - **`EXHIBIT R5(E) TRUE COPIES OF THE NOTICES DATED 03.10.2019 ISSUED TO THE TEACHER WHO WAS IN CHARGE OF SPORTS MEET`** - **`EXHIBIT R5(F) TRUE COPIES OF THE NOTICES DATED 03.10.2019 ISSUED TO THE TEACHERS WHO WERE IN CHARGE OF SPORTS MEET`** ``` EXHIBIT R5(G)TRUE COPY ORDER DATED 22.10.2019 ISSUED BY THE 3RD RESPONDENT TO THE RESPONDENT EXHIBIT R5(I)A TRUE COPY OF THE REPLY DATED NIL SUBMITTED BY THE PETITIONER FOR THE MEMO OF CHARGES ``` ``` EXHIBIT R5(J)A TRUE COPY OF THE STATUTORY APPEAL DATED 2.3.2020 SUBMITTED BY THE RESPONDENT HEREIN TO THE 2ND RESPONDENT EXHIBIT R5(K)TRUE COPY OF THE COMPLAINT DATED 5.1.2021 SUBMITTED BY THE TEACHER-IN- CHARGE TO THE RESPONDENT HEREIN ``` ``` EXHIBIT R5(L)TRUE COPY OF THE LETTER DATED 5.1.2021 SUBMITTED BY THE RESPONDENT HEREIN TO THE PETITIONER ``` ``` EXHIBIT R5(M)TRUE COPY OF THE SUSPENSION ORDER NO. M/962/19 DATED 18.1.2021 ISSUED BY THE RESPONDENT HEREIN TO THE PETITIONER EXHIBIT R5(N)A TRUE COPY OF THE APPLICATION DATED ``` WP(C) Nos. 37635 of 2022 and 4428 of 2023 13 ``` 5.8.2022 SUBMITTED BY THE RESPONDENT HEREIN TO THE 1ST RESPONDENT ``` ``` EXHIBIT R5(H) ``` ``` A TRUE COPY OF THE MEMO OF CHARGES ALONG WITH A STATEMENT OF ALLEGATIONS DATED 11.11.2019 ISSUED BY THE RESPONDENT HEREIN ``` ``` // True Copy // PA To Judge ```