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2023 Supreme(Online)(KER) 26056
HIGH COURT OF KERALA
A. Muhamed Mustaque, Shoba Annamma Eapen, JJ
THE CORPORATE MANAGER (FR.DR.JONS ABRAHAM KONAT)., – Appellant
Versus
STATE OF KERALA – Respondent
WA 1635 2023
V.A.MUHAMMED M.SAJJAD; SR.ADV.K.JAJU BABU; ADV.M.U.VIJAYALAKSHMI; SR.G.P.SRI.SAIGY JACOB PALATHY
The case reaffirmed the necessity of adhering to seniority in school staff appointments and the need for proper procedural compliance.
Headnote:
Promotion - School Management - Education Act - Section References List - The court examined the authority of school management to appoint staff, upheld the interim direction for promoting the senior-most teacher, and highlighted the importance of following proper procedures in educational appointments.
Fact of the Case:
The manager of an aided school challenged a direction to promote a senior teacher as principal. The Regional Deputy Director ruled in favor of the teacher, prompting the manager's appeal based on pending disciplinary action against the teacher.
Issues: Whether the appointment of the principal based on seniority should be upheld despite disciplinary actions pending against the appointee.
Ratio Decidendi: The court held that seniority plays a vital role in staff appointments within educational institutions, and interim measures should reflect existing orders pending appeal decisions.
Final Decision: Writ Appeals disposed; interim direction for provisional promotion upheld pending the outcome of the appeal.
JUDGMENT
Dated this the 29th day of September, 2023 [WA Nos.1635/2023, 1643/2023]
A.MUHAMED MUSTAQUE(J)
The appellant herein, the Manager of an aided School, filed this appeal before us, aggrieved by the direction of the learned Single Judge in W.P.(C) Nos. 26212 and 26519 of 2023 dated 11.09.2023, to implement an order passed by the Regional Deputy Director HSE, Ernakulam to promote Sri. Sivankuttan as the Principal of the School. It appears that Manager of the School has initiated disciplinary action against Sri.Sivankuttan, which is pending before the Regional Deputy Director. The Manager had appointed Anumol.Joy.T as the Principal, which was questioned by Sivankuttan.
2. The Regional Deputy Director heard Anumol and Sivankuttan and after hearing, view was taken that Sivankuttan is entitled to be appointed as Principal.
3. Taking note of the purport of the order passed by the Regional Deputy Director, the learned Single Judge passed the following interim order:-
The interim prayer in W.P.(C) No.26212 of 2023 is for promoting the petitioner as principal of the 2nd respondent school provisionally. The petitioner in W.P.(C) No.26212 of 2023 is a seniormost H.S.S.T in the school and seeks appointment as principal. The manager appointed Smt.Anumol Joy.T as principal. The appointment of Smt.Anumol Joy.T. has not been approved and the matter is pending in revision before the Government. So also with respect to the plea of the petitioner in Ext.P12 the 1st respondent has issued orders finding that as on 01.06.2023 no disciplinary action had been initiated against the petitioner in W.P.(C)No.26212 of 2023 and going by the seniority the manager was directed to appoint the petitioner in W.P.(C) No.26212 of 2023 as the principal. The petitioner in W.P.(C) No.26212 of 2023 seeks implementation of the said directions. The said direction has also been challenged by the manager in revision. As at present 11-09-2023 /True Copy/ Assistant Registrar W.P.(C) Nos.26212 & 26519 of 2023 2 there is a positive direction in favour of the petitioner in W.P.(C) No.26212 of 2023. In such circumstances, there will be an interim direction to the 2nd respondent in W.P.(C) No.26212 of 2023 to implement Ext.P12 provisionally within two weeks from the date of receipt of this order.
It is to be noted that Sivakuttan is the senior most H.S.S.T in the school.
4. As against the direction of the Regional Deputy Director, Manager has approached the Director of General Education in appeal and that is pending. By earlier order, we directed the Director of General Education to take up stay of the case. However, stay was not granted.
Having adverted to the facts and circumstances of the case, we are of the view that the Director of General Education shall dispose the appeal within a period of six weeks, after hearing both sides. The order passed by the learned Single Judge will be subject to the outcome of this appeal. Both parties agreed for online hearing. So there shall be a direction to the Director to afford an online hearing to both parties.
The Writ Appeals are disposed of as above.
A.MUHAMED MUSTAQUE JUDGE
