SINDHU Vs. RAJA RAVI VARMA CENTRAL SCHOOL

JUDGEMENT

(1.) W.P.(C)No.8036/2020 is before us based on a Reference Order dtd. 18/09/2020 of a learned Single Judge of this Court. The writ petition was filed by the petitioner, a teacher of the first respondent School, namely, Raja Ravi Varma Central School, Kilimanoor, Thiruvananthapuram (the School), challenging Ext.P3 order of suspension issued by the second respondent, namely, the Principal of the School. According to the petitioner, Ext.P3 suspension order is bad as it is based on a cooked-up allegation; that it has been issued by the second respondent in malafide exercise of power; that the principles of natural justice have not been complied with before issuing Ext.P3 order and that the school authorities are not finalizing the proceedings without assigning any cogent reasons. The petitioner is also aggrieved by the inaction on the part of the third and the fourth respondents, namely, the Central Board of Secondary Education (CBSE) for their failure to take action against the school for contravening the provisions of the CBSE Affiliation Bye-laws, 2018 (the Bye-laws), which action they are bound to take.

(2.) Respondents 3 and 4, namely, the CBSE, has filed a statement contending that disciplinary action initiated by the management against erring teachers in a School affiliated to the CBSE cannot be called in question by them in a proceeding under Article 226 of the Constitution of India, which position has been answered by this Court in the decision in Sommy Kunjappan v. Central Board of Secondary Education, 2019(1) KLT 864. As per the Bye-laws, every teacher and staff, for redressal of their grievance relating to service conditions, pay etc. is to approach the School Management Committee (SMC) of the respective School. The CBSE is an affiliating Body and is not an appellate authority for any disciplinary proceedings initiated against the employees of the school, contend the respondents.

(3.) The learned Single Judge noticed the Division Bench decision in Sommy Kunjappan (Supra). However, according to the learned Judge, the question whether a writ against non-consideration of a representation submitted by a teacher before a SMC would be maintainable and whether the CBSE can be directed by this Court to enforce the provisions contained in the Bye-laws, have not been considered in the judgment. The learned Single Judge was of the view that the aforesaid questions need to be answered by a Division Bench. Hence the Registry was directed to place the matter before the learned Chief Justice for orders. Thus, the reference.