P. V. KUNHIKRISHNAN
T. S. Saji – Appellant
Versus
State Of Kerala, Represented By The Secretary To Government, Department Of General Education – Respondent
JUDGMENT :
1. These six cases are connected; therefore, I am disposing of these cases by a common judgment.
2. The cases are mainly concerning a dispute between the Manager of an aided school by the name ‘Mahaganapathy Lower Primary School’, M.Pudur, Palakkad (hereinafter referred to as the ‘School’) on one side and the Headmistress of the same School on the other side. Even though the School is in the name of God ‘Mahaganapathy’, the fight between the Manager and the Headmistress has been continuing for the last several years. About 25 proceedings were initiated before this Court either by way of writ petitions or writ appeals by both parties. Let us pray to the god "mahaganapathy" to bless the children studying in this school for a bright education period untrammeled by this fight between the Manager and the Headmistress.
3. W.P.(C) No.4190/2018, 6741/2018, 29033/2020 and 2983/2022 are filed by the Headmistress of the School, Smt.T.S.Saji. Smt.T.S.Saji is hereinafter mentioned as the 'Headmistress'. W.P.(C) No.11964/2020 is filed by the Manager of the School. W.P.(C) No.7976/2023 is filed by another teacher by the name B. Geetha of the same School.
4. Smt.T.S.Saji was appointed as a
The Manager of an aided school lacks authority to impose penalties contrary to an inquiry report finding innocence, affirming the necessity of government sanction as per the Kerala Education Act, 195....
Disciplinary proceedings must adhere to established procedural rules to ensure fairness; non-compliance results in invalidation of penalties.
The court affirmed teachers over 50 years are exempt from qualification tests, ruling the denial of a qualified candidate's appointment as Headmaster was illegal and mandated payment of owed salary a....
The main legal point established is the requirement for fair and just enquiry proceedings in cases of termination, ensuring the principles of natural justice are upheld.
Judicial review of disciplinary matters is limited to procedural verification. Specialized workplace anti-harassment laws do not apply to students, as they are not employees. Furthermore, the suppres....
Management disputes in educational institutions require judicial oversight to ensure proper protocols are followed in disciplinary actions and managerial appointments under the Kerala Education Rules....
The court established that failure to timely challenge a foundational order renders subsequent appeals against related disciplinary actions unmaintainable.
: post-decisional opportunity of hearing does not subserve the rules of natural justice. The authority who embarks upon a post-decisional hearing will naturally proceed with a closed mind and there i....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.