Back
2023 Supreme(Online)(KER) 23124
HIGH COURT OF KERALA
ANIL K. NARENDRAN, P. G. Ajithkumar, JJ
SATHJITH – Appellant
Versus
STATE OF KERALA – Respondent
WA 1427 2023
HARISH GOPINATH, SRI T.K. SHAJAHAN- SR GOVERNMENT PLEADER, SRI B.SURESH KUMAR - FOR R5 AND R6
Managers are personally liable for financial losses resulting from their non-compliance with educational authorities' orders as per the Kerala Education Rules.
Headnote:
Education - Managerial Liability - Kerala Education Rules, 1959 - Chapter III, Rule 7 and Chapter XIVA, Rule 67 - Summary: The court emphasized that under Rule 7(4), Managers can be personally liable for losses incurred by their failure to implement educational authorities' directives, reinforcing that recovery actions can be taken against them under the Revenue Recovery Act.
Fact of the Case:
The Manager of an aided school sought to quash a demand notice for recovery of salary paid to a teacher suspended unlawfully, arguing that the educational agency should bear the liability rather than personal assets.
Issues: Whether the Manager of the school can be personally held liable for recovery of amounts related to the salary of a teacher suspended unlawfully.
Ratio Decidendi: The court concluded that Rule 7(4) of the Kerala Education Rules allows for personal liability of the Manager for financial losses caused by failures to comply with educational directives.
Final Decision: The writ appeal was dismissed, upholding the demand for recovery from the Manager.
JUDGMENT
Anil K. Narendran, J.
The appellant was the Manager of S.N.V. Girls High School, Paravur, an aided school under the management of S.N.V. Samajam, which is governed by Ext.P1 scheme framed by the Sub Court, Kollam in O.S.No.783 of 1994. As per Clause 10(6) of the said scheme, the President of the Samajam is the Manager of the school. The petitioner, who was elected as the President of the Samajam, was the approved Manager of the school for a period of
5 years, till 09.05.2009.
2. The appellant filed W.P.(C)No.36780 of 2010 before this Court, invoking the writ jurisdiction under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P2 demand notice No.D4-4359/2010 issued by the 3rd respondent Deputy Tahsildar (RR), Kollam, whereby he was directed to pay a sum of Rs.74,542/- together with collection charges, based on Requisition No.B5-1227 of the 2nd respondent District Educational Officer, Kollam. The petitioner has also sought for a writ of mandamus commanding the respondents to consider and pass orders on Ext.P4 objection dated 25.06.2010 made against the demand made in Ext.P2 demand notice. Ext.P3 is a communication dated 08.01.2010 of the 1st respondent State-Secretary to Government, General Education Department, addressed to the 2nd respondent District Educational Officer, whereby the 2nd respondent was directed to recover an amount of Rs.74,542/- from the Manager of S.N.V. Girls High School, Paravur under the provisions of the Revenue Recovery Act, in accordance with Rule 7(4) of Chapter III of the Kerala Education Rules, 1959 . At the time of issuance of Ext.P2 demand notice, the 5th respondent - J. Jayarajan–was the Manager of S.N.V. Girls High School, Paravur. In the writ petition, the petitioner contended that, since the school is under the corporate management of S.N.V. Samajam and the President of the Samajam is being appointed as the Manager of the school as per the provisions under Ext.P1 scheme, subject to approval by the Education Department, the amount sought to be recovered in Ext.P2 demand notice has to be recovered from the educational agency-S.N.V. Samajam, through the 5th respondent Manager.
3. The demand made in Ext.P2 demand notice for a sum of Rs.74,542/- is towards the loss sustained by the Government on account of keeping Smt.G. Shobha, a Music Teacher in S.N.V. Girls High School, Paravur under suspension for the period from
21.08.2006 to 28.04.2007. The order of suspension issued by the petitioner, who was the then Manager of the school, was found to be illegal and the teacher had to be paid Rs.74,552/- towards her salary for the period during which she was kept out of service by the appellant. Based on the directions contained in Ext.P3 communication dated 08.01.2020 of the 1st respondent, the 2nd respondent District Educational Officer made a requisition for revenue recovery before the 3rd respondent Deputy Tahsildar (RR). Based on the said requisition, the 3rd respondent issued Ext.P2 demand notice.
4. On 09.12.2010, when the writ petition came up for admission, it was admitted on file and issued notice to the respondents. The learned Single Judge granted an interim order dated 09.12.2010, which reads thus;
“There will be an interim stay of the proceedings pursuant to Ext.P2 in so far they are against the petitioner in person or against the personal properties of the petitioner.”
5. The 5th respondent, who was elected as the President of S.N.V. Samajam on 20.04.2009 and assumed the charge of the Manager of S.N.V. Girls High School, Paravur on 30.05.2009, filed a counter affidavit dated 19.02.2011, opposing the reliefs sought for in the writ petition, producing therewith Ext.R5(a) to Ext.R5(d)
documents. The learned Senior Government Pleader has filed a counter affidavit on behalf of the 1st respondent State. After considering the rival contentions, the learned Single Judge dismissed W.P.(C)No.36780 of 2010, by the judgment dated 14.07.2023. Paragraphs 8 to 10 and the
