High Court Kerala High Court

John Alexander.A vs The District Educational Officer on 28 July, 2008

Kerala High Court
John Alexander.A vs The District Educational Officer on 28 July, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 18742 of 2008(F)


1. JOHN ALEXANDER.A,
                      ...  Petitioner

                        Vs



1. THE DISTRICT EDUCATIONAL OFFICER,
                       ...       Respondent

2. THE ASSISTANT EDUCATIONAL OFFICER,

3. THE CORPORATE MANAGER, DEVAMATHA

4. SMT. ANNIE.A.K,

                For Petitioner  :SRI.ELVIN PETER P.J.

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :28/07/2008

 O R D E R
                             K.T.SANKARAN, J.
                     --------------------------------------------
                      W.P.(C) NO. 18742 OF 2008 F
                     --------------------------------------------
                      Dated this the 28th July, 2008

                                 JUDGMENT

On 15.7.1980, the petitioner was appointed as UPSA in

St.Joseph’s U.P.School, Pangarapilly, Thrissur District, which is an

educational institution under the corporate management of the third

respondent. It is stated that the petitioner is having the qualification of

Pre-degree and training qualification of TTC and that he passed Account

Test (Lower) also. There are other schools under the corporate

management of the third respondent. It is stated that the fourth

respondent is junior to the petitioner as the fourth respondent was

appointed as LPSA only on 8.6.1982.

2. It is stated that vacancies of Headmasters arose in different

schools managed by the Corporate Educational Agency of the third

respondent. Applications were invited as per Ext.P2. The petitioner

submitted Ext.P3 application for selection to the post of Headmaster. The

petitioner was invited for the interview as per Ext.P4 interview memo. He

appeared for the interview on 15.3.2008. The grievance of the petitioner

is that as per Ext.P6, overlooking the seniority of the petitioner, the fourth

respondent was appointed as Headmaster.

W.P.(C) NO.18742 OF 2008

:: 2 ::

3. It is admitted that the School concerned is a minority

educational institution. A Full Bench of this Court in Kurian Lizy v. State

of Kerala (2006 (4) KLT 264 (F.B.)) has held thus:

“… So, all minority educational institutions, which
propose to select the best person to the post of
Headmaster/Principal of a School or College, as the case
may be, ignoring seniority in the feeder category or ignoring
the available teachers, should frame and publish regulations
or bye-laws, containing a transparent procedure, governing
such selection. The publication can be made in the Notice
Board of the educational institution concerned and a copy of
it should be available in school/college library for reference.
When superseding a senior qualified member of the minority
community the reasons thereof should be clear from the
records. The question as framed in the beginning of this
order is thus answered accordingly.”

The contention of the petitioner is that the third respondent has not

followed the dictum laid down by the Full Bench. It is pointed out that no

disciplinary proceedings have been initiated against the petitioner till date

and that there was no complaint whatsoever against him. Challenging

Ext.P6, the petitioner filed Ext.P7 statutory appeal dated 7.6.2008, before

the District Educational Officer. Ext.P7 is pending disposal.

4. Notice before admission was ordered in the Writ Petition.

Notice was served on the respondents. The party respondents have not

entered appearance. Government Pleader appears for respondents 1

and 2.

W.P.(C) NO.18742 OF 2008

:: 3 ::

5. In the facts and circumstances of the case, since Ext.P7 appeal

is pending disposal, I am of the view that relief Nos.(i) to (iii) are not

maintainable at this stage. At the same time, the prayer No.(iv) is liable to

be granted.

Accordingly, the Writ Petition is disposed of as follows:

a) The first respondent shall consider Ext.P7 appeal and dispose of

the same after affording an opportunity of being heard to the

petitioner and respondents 3 and 4, at the earliest and, at any rate,

within a period of two months from the date of receipt of a copy of

this judgment.

b) The petitioner shall produce a copy of the Writ Petition and certified

copy of the judgment before the first respondent.

(K.T.SANKARAN)
Judge

ahz/