IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL &

THE HONOURABLE MR. JUSTICE EASWARAN S.

TH MONDAY, THE 5 DAY OF AUGUST 2024 / 14TH SRAVANA, 1946 W.A.NO. 695 OF 2024 AGAINST THE JUDGMENT DATED 26.02.2024 IN WP(C) NO.28013 OF

2021 OF HIGH COURT OF KERALA APPELLANT/5TH RESPONDENT IN WP(C):

MANAGER AGED 65 YEARS, ST.JOSEPH HIGHER SECONDARY SCHOOL, SISTER. ANCITTA, AGED 65 YEARS, D/O. LONAPPAN K.L., RESIDING AT ST.TERESA'S CONVENT, KOONAMMAVU,, PIN – 683 518 BY ADV T.M.ABDUL LATHEEF RESPONDENTS/PETITIONERS/RESPONDENTS 1 TO 4:

1 MERY SHINI P D AGED 41 YEARS, D/O. DEVASSY, AMBALATHINKAL HOUSE, CHIRAIKARAM, VARAPUZHA P.O, ERNAKULAM, PIN – 683 517

2 ROOPA DAS AGED 44 YEARS D/O K.R.DAS, KUZHUVELIPADATH, VALLUVALLY, KOONAMAVU P.O, ERNAKULAM, PIN – 683 518

3 STATE OF KERALA REPRESENTED BY SECRETARY, DEPARTMENT OF EDUCATION, 3RD FLOOR, ANNEX II, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 682 031

4 DIRECTOR OF GENERAL EDUCATION JAGATHI,THIRUVANANTHAPURAM, PIN – 695 014

5 DEPUTY DIRECTOR OF EDUCATION

2ND FLOOR, CIVIL STATION, THRIKKAKARA, KAKKANAD, KERALA, PIN – 682 030

6 DISTRICT EDUCATIONAL OFFICER MINI CIVIL STATION, ANNEXE, PERIYAR NAGAR, ALUVA, KERALA, PIN – 683 101 BY ADV BEPIN VIJAYAN OTHER PRESENT:

GP SRI A.J. VARGHESE THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON

05.08.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 5th day of August, 2024 Easwaran S., J.

The 5th respondent, Manager of St. Joseph’s Higher Secondary School, Koonammavu has come up in the present intra court appeal aggrieved by the judgment of the learned Single Judge, finding that the writ petition filed by the teachers challenging the termination of their services is maintainable before the High Court and, accordingly, having issued the consequential direction for reinstatement since the termination was apparently done without conducting a domestic enquiry and also on the ground that the termination order so-passed is stigmatic.

2. The primary contention raised by the Manager/appellant is that the writ petition is not maintainable for the reason that the 5^th respondent is an unaided school affiliated to the Government.

However, on the other hand, the writ petitioners/respondents 1 and 2 contended that since the order of termination was issued without conducting an enquiry, the provisions of Rule 3 of Chapter XIV(AA) of the Kerala Education Rules was violated and hence, the writ petition is maintainable.

3. The learned Single Judge overruled the objection of the Manager and found that since the order of termination has been issued in violation of the provisions of Rule 3 of Chapter XIV(AA) of the Kerala Education Rules, certainly the writ petition is maintainable. The learned Single Judge also distinguished the judgment rendered in Sommy Kunjappan and Anr. v. CBSE and Ors. (2019 (2) KHC 1) and Sindhu S. v. Raja Ravi Varma Central School, Kilimanoor (2022 KHC 642 = 2022 (5) KLT

219)

4. We have heard Sri. T.M. Abdul Latheef, learned counsel appearing for the appellant and also Sri. Bepin Vijayan, learned counsel appearing for the writ petitioners.

5. The fact that the appellant is an unaided school affiliated with the State is not disputed. It is also an admitted fact that the provisions of the Kerala Education Rules will apply only to the teachers appointed under the Government schools as well as under the aided schools. The only safeguard that is granted in favour of teachers who are working in unaided sector is Chapter XIV(AA) of the Kerala Education Rules wherein it is provided that the teacher of an unaided school shall not be terminated without conducting a proper domestic enquiry. Therefore, the question that falls for consideration before us is whether the said provision alone is sufficient for the purpose of maintaining a writ petition by the teachers of unaided schools.

6. Insofar as the question as to whether a service dispute in the private realm involving a private educational institution and its