SHEEIA Vs. PRINCIPAL SECRETARY

JUDGEMENT

(1.) THE petitioners herein are teachers working in either aided or unaided, English medium or vernacular schools managed by the guruvayoor Devaswom. THE common feature is that the management of the school vests with the Guruvayoor Devaswom.

(2.) UNDER S. 3 of the Guruvayoor Devaswom Act, hereinafter referred to as the Act, the administration, control and management of the devaswom vests in a committee constituted under the Act. Certain allegations were levelled against the said committee by a Council of devotees alleging that the members of the Board in office in 1998-99 had indulged in several corrupt practices including making illegal appointments in the schools under its management. The Government in excise of the power under S. 33 of the Act conducted an investigation through the Vigilance Agency. They after due notice and enquiry, reported as under with respect to the appointments made to schools: "in the above circumstances, it is very clear that interviewers, who were included in the interview board were asked to submit blank signed mark lists. The Managing Committee, put the required marks according to their vested interests and selected the candidates. Almost all interviewers, who were present in the interview board as Subject Expert/ educationalist, had admitted this fact. This fact is substantiated with documentary evidence (mark lists ). In toto the interview was not at all a fair one. The candidates were interviewed and selected without considering proper merits. The selection of two daughters of witness 40 K. V. Viswanathan Nair is also dubious. The rank lists were published after 3 months from the date of interview. This also would have helped the Managing Committee to approach interested candidates, with some ulterior motives. The appointment of school teachers in the Sreekrishna High School and Guruvayur Devaswom English Medium School are not free and fair one. " There were other findings with respect to several other corrupt practices. As they are not relevant, they are not being referred to herein. On receipt of the report, the Government issued the impugned order No. 71819/ Dev. 2/2000/rd dated 22. 12. 2000 addressed to the third respondent. Therein they stated as under: "i am directed to forward herewith a copy of the letter cited and its enclosures and to request you to initiate action against the officers responsible for the irregularities and also to take departmental disciplinary action against Sri. Radhakrishnan, representative of the employees in the previous committee. Similarly, action may be taken for terminating the service of the teachers, who got appointment in the English Medium School , by the illegal action of the previous Managing Committee, based on the findings of the vigilance Department and as recommended by them". (UNDERlining supplied) This clearly postulates an inquiry in identifying the teachers who secured appointment by illegal action. Consequent on the said notice, the third respondent issued notice to various teachers, wherein they stated as under: "as per the vigilance enquiry report forwarded by the Principal Secretary regarding certain allegations against the previous managing committee members, the Government has directed the Guruvayoor Devaswom to initiate action against the officers responsible for the irregularities committed in connection with the appointment of teachers in both the Guruvayoor Devaswom English Medium School & Srikrishna School. It is also directed to take action for terminating the service of the teachers who got appointment in the Devaswom English Medium School and the Srikrishna Higher Secondary School ; by the illegal action of the previous managing committee". This also contemplates an inquiry into the merits of each case.

(3.) SEVERAL other factual contentions are urged including the application of Kerala Education Rules etc. , consequence of approval being granted by the Education Department of the appointments etc. , which, we feel would be better to be reserved to be considered after the management examines individual claims and comes to a finding that each of the appointee has secured appointment by illegal means and thereafter these issues are specifically examined by the management.