ASHRAF.M.A Vs. STATE OF KERALA

JUDGEMENT

(1.) 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.) 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 31/5/2019. 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 the Government Notification, S.R.O.No.561/80, dtd. 7/3/1980, the Government appointed the Deputy Directors (Education) to exercise the power of Director by invoking the power referred under Rule 2(4) of the KER and not by exercising the power of delegation. That being the case, we find that in this case, the order passed by the Deputy Director of General Education, Malappuram, is without power.

(3.) In this matter, the Deputy Director of Education, Malappuram, passed an order on 24/5/2024 disqualifying the Manager, who is the appellant herein. Since we have noted that the Deputy Director has no such power, as the power was taken away by the amendment of Rules in the year 2019, he could not have passed such an order. At best, he could have only forwarded the entire records to the Director of General Education for action.