Only the Director of General Education has the authority to determine the fitness of a school manager, as per the amended Kerala Education Rules, 1959.

JUDGMENT :

The petitioner claims to be the Manager A.L.P School, Kondazhy, which is a Government-Aided School. The Deputy Director of Education, the 3^rd respondent, has found that the petitioner has been found unfit to hold the office of the Manager of the said school. The said order in Ext.P4 was challenged in Revision by the petitioner before the 1^st respondent. However, the 1^st respondent vide impugned order in Ext.P6 has affirmed the order passed by the 3^rd respondent.

2. The learned counsel for the petitioner submits that with effect from 2019, it is only the Director of General Education who is empowered to rule upon the competence of a person to hold the post of the Manager of a school. Such a view has been taken by the Division Bench of this Court in the judgment dated 30.01.2025 passed in W. A No.93/2025. The Division Bench, after taking note of the provisions of Rule 2(4) of KER 1959, in paragraphs 3 and 4, held as under:

“3. In this matter, the Deputy Director of Education, Malappuram, passed an order on 24.5.2024 disqualifying the Manager, who is the appellant herein. Since we have noted that the Deputy Director has no such power, as the power was taken away by the amendment of Rules in the year 2019, he could not have passed such an order. At best, he could have only forwarded the entire records to the Director of General Education for action.

4. Having gone through the order, we are of the prima facie view that it is on account of continuous disobedience of the instructions given by the Educational Officer consequent upon the direction issued by this Court he passed such an order. Whether this is necessary or not, will have to be examined by the Director of General Education. Considering the nature of the power of Deputy Director, we are now of the view that the impugned order cannot stand the test of law in as much as it was issued by the authority which has no power. However, at the same time, we cannot remain oblivious to the facts referred to therein subject to being controverted in an appropriate manner by the appellant before the competent authority. Therefore, we are of the view that the entire records in this matter shall be forwarded by the Deputy Director of Education, Malappuram to the Director of General Education. The Director of General Education shall consider whether the proceedings under Chapter III of Rule 7 shall be initiated after complying with the formality or not. In view of the peculiar circumstances, we are of the view that the disqualification shall be treated as suspension for a period of three weeks, and an appropriate decision shall be taken by the Director of General Education after perusing the entire records. The Deputy Director of Education, Malappuram, shall forward the entire records within one week from today to the Director of General Education. Definitely, before taking a final decision in the matter, the appellant and the 5^th respondent shall be given an opportunity of hearing.”

3. Sri. Binoy Davis, learned Government Pleader does not dispute the fact that the said judgment would be applicable to the facts of the present case as well.

4. As the issue is covered by the judgment of the Division Bench of this Court dated 30.01.2025, passed in W.A No.93/2025, the present writ petition is allowed and the impugned orders in Exts.P4, P6 and P7 are set aside, and the matter is remitted back to the Director of General Education to decide whether the petitioner is fit to hold the office of the Manager of A.L.P School, Kondazhy, in accordance with law. The petitioner shall appear before the Director of General Education on 30.05.2025 along with the records. The Deputy Director of Education, the 3^rd respondent, is directed to send the entire records to the Director of General Education, the 2nd respondent. The Director of General Education may also give a hearing to the Deputy Director of Education before taking the final decision regarding the fitness of the petitioner to hold the office of