The main legal point established is that the Government has executive powers to control the establishment and administration of Vocational Higher Secondary Schools, and the Manager must act fairly and comply with principles of natural justice.

Joseph, J.

During the year 1985, a centrally sponsored scheme, viz, the scheme for Vocational Higher Secondary Education, had been introduced in the State of Kerala by the Government in some of the selected aided schools under a separate Directorate, viz. the Directorate of Vocational Secondary Education. The Vocational Higher Secondary Scheme and the staff of the vocational higher secondary schools are under the administrative control of the Director, Vocational Higher Secondary Education. As per G.O. (MS) No. 53/91/G. Edn. dated 30-3-1991, Government appointed the Director, Vocational Higher Secondary Education as the designated authority to approve the appointments made by the manager to the teaching and non-teaching staff of the vocational higher secondary schools established under the scheme. A selection committee also is constituted to make selection of staff members to the vocational higher secondary schools with the Director as the Government nominee in the said committee. As per G.O. (MS) No. 131/91/G. Edn., dated 20-8-1991, the headmasters of the aided schools converted into Vocational Higher Secondary schools were re-designated as the Principal of the institution. The counter signing authority of the salary bills of the staff of the' vocational higher secondary schools including the special pay of the Principal is the Assistant Director of region concerned.

2. The K.S.M. High School (aided) to which the petitioner is the Manager, was converted as a Vocational Higher Secondary School (aided) as per G.O. (MS) 163/927 G.Edn. dated 3-9-1992. In the case of the said school, the counter signing authority of the salary bills of the staff and the special pay of the principal is the Assistant Director of Vocational Higher Secondary Education, Regional Office, Kollam. Before conversion of the said school as a Vocational Higher Secondary School, thc4th respondent took charge as Headmistress of the K.S.M. High School on 19-S>1988. While so, the Government accorded sanction to start vocational higher secondary school with effect from 14-9-1992 and thus, the 4th respondent was re-designated as Principal of the said school and the said school itself was converted into a Vocational Higher Secondary School.

3. While the 4th respondent functioning as Principal of the institution, the petitioner had appointed her daughter by name Anitha as a Lower Division Clerk in the school But according to the Principal, the 41h respondent, she is irregular in her attendance in the school while working as a Lower Division Clerk. Therefore, 4th respondent had sent Ext. R4(a) letter dated 16-6-1994 addressed to the 2nd respondent, Director of Vocational Higher Secondary Education intimating him about the misconduct of the said L.D.Clerk and requested him to take necessary action in the matter. The 4th respondent also requested the Director to exempt from discharging her functions as Principal of the institution. This was followed by Ext. R4(b) letter dated 8-8-1994 addressed to the Assistant Director, Vocational Higher Secondary Education, Kollam informing him about the alleged misconduct on the part of the Lower Division Clerk and requested him also to take necessary action in the matter. Since no effective steps have been taken by the Director and the Assistant Director, the 4th respondent had sent Ext. R4(c) letter dated 22-8-1994 addressed to the Circle Inspector of Police, Ezhukone requesting his assistance for the proper conduct of the School without any disturbances from the. son-in-law of the petitioner manager, who is the husband of the said Lower Division Clerk. The 4th respondent also had requested necessary police assistance for proper conduct of the school.

4. Therefore, the petitioner, who is the manager of the said school, issued a memo of charges dated 28-9-1994 against the 4th respondent and directed her to submit the explanation to the memo of charges. On receipt of the said memo of charges, 4th " respondent submitted her ex