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2022 Supreme(Online)(KER) 6603
HIGH COURT OF KERALA
RAJA VIJAYARAGHAVAN, J
M.KRISHNADAS – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 24554 OF 2021
For the Appellants/Petitioners: R.K.MURALEEDHARAN
For the Respondents: GEORGE ABRAHAM, M.A.FAYAZ, M.VISHNUPRIYA, C.B.ABHINAVA, SRI PREMCHAND R NAIR, SR GP
The court upheld the validity of teacher appointments based on confirmed signatures, asserting legitimacy despite previous allegations of forgery.
Headnote:(A) Relevant provisions of the Kerala Education Act considered - Appointment of teachers - Allegations of forgery regarding appointment of teachers made without proper authorization - Court to review actions based on the report submitted by the Additional Director and earlier judgments - Determination made regarding credibility of signatures and the authority of the manager in making appointments. (Paras 16 and 17)
(B) Court held that due to ongoing investigations, the authority's directed provision for hearings is to be observed before any further actions are taken regarding termination of appointments. (Paras 15 and 16)
Facts of the case:
The petitioner challenges the appointment of teachers in Thrithala High School alleging forgery in signatures during the tenure of the invalid manager, P. Abdu Rahiman.
Findings of Court:
The court could not find enough grounds to nullify the established authenticity of the signatures after forensic verification.
Issues: The main question was whether the appointments were valid and the authority for them amidst ongoing investigations of forgery claims.
Ratio Decidendi: Where a verification of claims regarding misconduct was affirmed through investigative reports, the presumption of legitimacy in appointments stands unless established otherwise.
Result: Writ petition dismissed.
| Table of Content |
|---|
| 1. appointment legitimacy regarding education management (Para 2 , 3 , 4 , 5) |
| 2. investigation status for forgery claims (Para 6 , 7 , 8 , 9) |
| 3. legal arguments on managerial authority (Para 12 , 13 , 15) |
| 4. judicial observations on evidence credibility (Para 14 , 16) |
| 5. court's decision on petition outcome (Para 17) |
JUDGMENT
This writ petition is filed seeking the following reliefs:
a) issue a writ of certiorari or any other appropriate writ, order or direction, quashing Ext.P14 order to the extent of directing the 4th respondent to consider the shifting of the 5th respondent to the vacancy of HSA (PS) had arisen in the School with effect from 23.11.2020.
b) issue a writ of mandamus or any other appropriate writ, order or direction directing the 1st and 2nd respondents to act on Ext.P8, report submitted by the Additional Director attached to the 2nd respondent in compliance with the directions in Ext.P12 judgment including the appointments of respondents 5 to 9 after following the procedure.
c) Declare that the respondents 5 to 9 were appointed by forging the signatures of P. Abdu Rahiman and the said Abdu Rahiman was physically and mentally invalid when appointments were effected on 01.06.2017.
2. Brief facts to be stated for disposal of the writ petition are as under: Late Dr.K.B.Menon founded the Thrithala Educational Society, which is one registered under the Societies Registration Act. The said society is the educational agency of the Thrithala High School. In terms of the byelaws of the society, a certain P. Abdu Rahiman was appointed as Manager of the agency in the year 2006 and the same was approved by the DEO, Ottappalam. While so, the term of the managership was extended by a period of five years in a meeting which was held on 31.12.2007. The appointment as aforestated was approved by the 3rd respondent. This order was challenged before the 2nd respondent by a governing body member. By order dated 13.09.2012, the appeal was allowed and the managership was entrusted with the DEO. The above order passed by the 2nd respondent was challenged by Sri. P. Abdu Rahiman by filing W.P.(C) No.22910 of 2012. The learned Single Judge allowed the writ petition and the order was set aside against which Writ Appeal No.741 of 2013 was filed by Sri.Syed Mohammed, the governing body member. While proceedings were pending as aforesaid, the Annual General Body was held and in the meeting which was convened on 24.03.2013, a certain Col.M.Sukumaran was appointed as the Manager of the agency. Later, the writ appeal was disposed of, directing the 2nd respondent to consider the claims of P. Abdu Rahiman and K.V.Syed Mohammed and to take a decision untrammeled by the observations made by the learned Single Judge. Later, after various proceedings before this Court as well as the educational authorities, Ext.P1 order was passed by the 1st respondent on 30.05.2017, setting aside the order approving the appointment of Sri. M.Sukumaran and directed to induct new members to the general body and to select a new Manager within six months or till such time P. Abdu Rahiman was permitted to function as Manager of the School.
3. Later, Ext.P1 order was cancelled by the Government by Ext.P2 order dated 14.06.2017 and the DEO was directed to function as the Manager till the dispute in the educational agency was finally resolved through the Civil Court. Both sides challenged the said order by preferring separate writ petitions before this Court and those writ petitions are still pending.
4. The petitioner contends that Sri.P.Abdu Rahiman, who was permitted to continue as Manager as per Ext.P1 order dated 30.05.2017 was aged 84 years and he had very poor mental faculties due to his old age. He was totally bedridden, and he was not in a position to function as Manager. However, during the brief period from 30.05.2017 to 14.06.2017, by forging the signature of Sri.P.Abdu Rahiman, 14 appointments, including the appointments of 5 to 9, were made in the Schoo
