IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &

THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR THURSDAY, THE 30^TH DAY OF JANUARY 2025 / 10TH MAGHA, 1946 WA NO. 93 OF 2025 AGAINST THE JUDGMENT DATED IN WP(C) NO.22330 OF 2024 OF HIGH COURT OF KERALA APPELLANT:

ASHRAF.M.A.,AGED 54 YEARS MANAGER, MANATHATTU ASHRAF MEMORIAL EDUCATIONAL A.M.L.P. SCHOOL, (MAME AMLP SCHOOL, THACHUNNI), KARAKUNNU.P.O., MALAPPURAM – 676 123, RESIDING AT MANATHATTU HOUSE, MALIKAMPEEDIKA, ALANGAD.P.O., ALUVA, PIN - 683511 BY ADVS.

P.M.PAREETH NAJEEB P.S AISWARYA VENUGOPAL RESPONDENTS:

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

2 THE DIRECTOR OF GENERAL EDUCATION (HIGHER SECONDARY WING), OFFICE OF THE GENERAL EDUCATION, HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM, PIN - 695121

3 THE DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM, PIN - 676121

4 THE ASSISTANT EDUCATIONAL OFFICER, MANJERY, MANJERY.P.O., MALAPPURAM, PIN - 676121 ADDL. R5. SOUDATH C H, HEADMISTRESS IN CHARGE, A.L.P. SCHOOL, PAZHEDAM MANJERI, MALAPPURAM, RESIDING AT PANICKERKUNNAM HOUSE, THRIKKALANGODE - 676123 (IS IMPLEADED AS ADDL. R5 AS PER ORDER DATED 02.07.2024 IN I.A. 1/2024 IN WPC 22330/2024., PIN – 676123)

BY SRI.A.J.VARGHESE, SR.GP THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 30.01.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

“C.R.”

A.MUHAMED MUSTAQUE & P.KRISHNA KUMAR, JJ ---------------------------------------------------------

WA No.93 of 2025 ----------------------------------------------

Dated this the 30th day of January, 2025

JUDGMENT

A.Muhamed Mustaque.J The learned counsel for the appellant vehemently argued in regard to the competency of the Deputy Director of Education in exercising the power under Chapter III of Rule 7 of the Kerala Education Rules, 1959 (for short, KER, 1959), which refers to the power of the Director to disqualify a Manager in the event of mismanagement. In the KER, 1959 as originally stood as 'Director' is defined under Rule 2 (4) as follows:-

“2(4) “Director” means the Director of Public Instruction, Kerala or such Other Officer or Officers who may from time to time be appointed by the Government to exercise all or any of the powers of the Director of Public Instruction.”

Which means the Government is competent to appoint any officer from time to time as a Director invoking power under Rule 2(4) of the KER. As per G.O.(P) No.52/80/G.Edn. dated 7.5.2018, the Government appointed the Deputy Director of Education as the Director for the purpose of Rule 7 of Chapter III of the KER. It is appropriate to refer to S.R.O.No.561/80, which reads thus:-

”S.R.O.No.561/80._ Under Clause (4) of rule 2 of Chapter I of the Kerala Education Rules, 1959 and in supersession of the Notification No.G.O.(P)657/61/Ed. dated the 8^th November, 1961, published in the Kerala Gazette dated the 21^st November 1961, the Government of Kerala hereby appoint the Deputy Directors (Education) to exercise within their respective jurisdiction, the powers of the Director of Public Instruction conferred upon him by rules 2, 6 and 7 of Chapter III, rules 3(a), 3(a)(a), 13(2), 15 and 23B of Chapter V, rules 6, 12 and 21 of Chapter VI, rules 3 and 4(1) of Chapter VII, rule 7 of Chapter VIII, rule (ix) of Chapter XIII, rules 64, 71, 73 of Chapter XIV(A), rule 7 of Chapter XV and rule 2(2) of Chapter XXIII of the said order.”

2. In the year 2019, an amendment was brought in to the Kerala Education Rules, 1959. Rule 2(4) of the KER, 1959 has been substituted to define 'Director' as 'Director of General Education', which means no other officer can exercise the power of Director. This Rule came into force on 31.05.2019. Therefore, if the Government intends to delegate the power of the Director of General Education, the Government will have to rely on any other power vested under the Act or Rules. Anyway, as seen from th