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1960 Supreme(Ker) 314

Judges : M.A.ANSARI,T.C.RAGHAVAN,M.MADHAVAN NAIR
Chandrasekharan Nair And Others - Appellant
Versus
Secretary to Government of Kerala And Others - Respondent
Case No : 0. P. No. 467 of 1957, 62, 617, 672, 639 of 1958
Decided On : 12/22/1960
Advocates Appeared :
P. Govinda Menon; P. K. Krishnankutty Menon; For Petitioner Government Pleader; For Respondents 1 to 3 T. P. Poulose; For Respondent 4 N. Sundara Iyer; V. R. Venkitakrishnan; K. Narayanan; For Petitioner Government Pleader; For Respondents 1 to 3 A. Madhavan; For Respondent 4 V. P. Gopalan Nambiar; P. C. Balakrishna Menon; For Petitioner Government Pleader; For Respondents 1 to 3 M. M. Abdul Khader; M. K. Abdulla; For Respondent 4 Mathew Muricken; P. Karunakaran Nair; K. Komaladevi; B. Moosakutty; For Petitioner Government Pleader; For 1st Respondent V. P. Gopalan Nambiar; For 2nd Respondent

The Government must respect and comply with the rules until they are altered or deleted, and domestic tribunals exercising quasi-judicial functions must follow the principles of natural justice. The court has the jurisdiction to interfere if the canons of natural justice are not complied with.

Headnote:

Recognition and Aid to Elementary Schools - Effect of Rules and Powers of Educational Department - Rules for the grant of recognition and aid to Elementary Schools - Summary of Acts and Sections: Rules in Part II, headed 'Rules for the grant of recognition and aid to Elementary Schools' - R.13 [2] [vii], R.14 - The judgment discusses the effect and scope of R.13 [2] [vii] and R.14, which provide for the qualifications and conditions of service of teachers, the power of the management to terminate their services, and the power of the Director of Public Instruction to declare a teacher or a person unfit for employment or management of a recognized school. The court emphasizes the obligation of the Government to respect and comply with the rules until they are altered or deleted, and the need for the principles of natural justice to be followed by domestic tribunals exercising quasi-judicial functions. The judgment also clarifies the jurisdiction of the court to interfere if the canons of natural justice are not complied with.

Fact of the Case:

The writ petitions involve Managers of Aided Elementary Schools in the Malabar area and the effect of the Rules for the grant of recognition and aid to Elementary schools. The cases revolve around the termination and reinstatement of teachers, appeals against orders arising from the Rules, and the powers of the Officers of the Educational Department and the government in hearing appeals against those orders.

Finding of the Court:

The court found that the Government must respect and comply with the rules until they are altered or deleted, and that domestic tribunals exercising quasi-judicial functions must follow the principles of natural justice. The court also clarified the jurisdiction to interfere if the canons of natural justice are not complied with.

Issues: The issues involved the effect and scope of R.13 [2] [vii] and R.14, the compliance with the principles of natural justice by domestic tribunals, and the jurisdiction of the court to interfere in such cases.

Ratio Decidendi: The court emphasized the obligation of the Government to respect and comply with the rules until they are altered or deleted, and the need for the principles of natural justice to be followed by domestic tribunals exercising quasi-judicial functions. The court also clarified the jurisdiction of the court to interfere if the canons of natural justice are not complied with.

Final Decision: Writ petition Nos. 467 of 1957 and 617 of 1958 were allowed, directing the issue of a writ of certiorari to quash the orders. The other three writ petitions, O.P. Nos. 62, 672 and 693, were dismissed. The parties were directed to bear their respective costs in all these writ petitions.

Judgment :-

1. These writ petitions are all by Managers of Aided Elementary Schools in the Malabar area, with the exception of O.P. No. 617 of 1958, wherein a teacher has also joined as the 2nd petitioner. But at the time of hearing the learned Advocate of the petitioners in O.P. No. 617 of 1958 has agreed to treat the petition as one by the 1st petitioner alone, who is the Manager of the Upper Primary School, Payyoli. So that, all these petitions are by Managers of aided elementary schools and the question involved in them is regarding the effect of the Rules for the grant of recognition and aid to Elementary schools and the nature and scope of the powers of the Officers of the Educational Department and the government in hearing appeals against orders arising from those Rules.

2. In O.P. No. 467 of 1957 the 4th respondent, who was a teacher in the Nemmeni Aided Lower Primary School, Kollengode, tendered his resignation on 30th August, 1954, on the strength of which the Manager of the said school terminated his services. Thereafter, there was an enquiry by the Deputy Inspector, Kollengode Range, and also by the District Educational Officer, Palghat. The 4th respondent contended that he did not resign but, on the strength of an undated resignation letter obtained from him by the Manager at the time of his entertainment in service in the school, he was sent away, the Manager himself putting the date 30th August, 1954. On enquiry the District Educational Officer held that there was no sufficient ground to hold that the resignation letter was either false or invalid for the reason alleged by the 4th respondent. Thereupon the 4th respondent filed an appeal to the Divisional Inspector of Schools, Coimbatore, which was also rejected. Subsequently, on 18th November, 1957, the writ petitioner received communication of the proceedings of the District Educational Officer, Palghat, dated 14th November, 1957, enclosed a copy of the Government Proceedings dated 13th September, 1957. By these latter proceedings the Government had directed the petitioner to reinstate the 4th respondent in the school forthwith. The petitioner has filed the writ petition to quash the Government Proceedings marked Ext. C and the Proceedings of the District Educational Officer marked Ext. B.

3. In O.P. No. 62 of 1958 the Manager of the Panniackrussi West Elementary School, now called the Panniackurussi West Lower Primary School, prays for the quashing of the proceedings of the Director of Public Instruction, Trivandrum, dated 9th November 1957, evidenced by Ext. A, by a writ of certiorari or other appropriate writ. The petitioner alleges that in his school there were normally 5 classes and 5 teachers working therein and when an additional class was opened, the 4th respondent was appointed as a temporary teacher in the institution on 8th October, 1952. In the beginning of 1955, he was given notice of termination of his services from 1st June of the year, from which date the divisional class was not expected to function. The 4th respondent appealed to the District Educational Officer, Palghat and again to the Divisional Educational Officer, Kozhikode and both the appeal and the second appeal were dismissed. But the District Educational Officer, Palghat directed the writ petitioner to re-appoint the 4th respondent in the next vacancy that might arise in the institution. The petitioner did not comply with this direction and finally the District Educational Officer, Palghat, started proceedings against the petitioner under R.14 of the rules for the grant of recognition and aid to Elementary Schools. Notice was issued to the petitioner to show cause why action should not be taken against him under R.14 on the ground that the strength of the school was being deliberately kept low by him. The petitioner filed his explanations and finally on 22nd July 1957 the District Educational Officer, Palghat, framed three charges against the petitioner ; the charges being (1) disobed






































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