PRATHIBHA KUMARI Vs. DISTRICT EDUCATIONAL OFFICER KOLLAM

JUDGEMENT

(1.) M.G.T.H.S. Mukhathala is an aided High School under the administrative jurisdiction of the District Educational Officer (DEO), Kollam. In respect of the right to be the manager of the school, there was a civil suit, which is pending in appeal as A.S. No. 120/2002 before a Division Bench of this court. In that case, this Court appointed the D.E.O., Kollam, as the Receiver of the school to exercise the functions of the manager of the school. Accordingly, the D.E.O., Kollam has been functioning as the manager of the school. While so, the third respondent in this writ petition, who was the Headmistress of the Velayudhan Memorial High School, Vadavannur, Palakkad, another High School under a different educational agency, filed a request dated 10-5-2007 before the D.E.O. for inter-management transfer as Headmistress to the M.G.T.H.S., Mukhathala, which post became vacant on account of the retirement of Smt. K. Annamma, the Headmistress of the M.G.T.H.S., Mukhathala, with effect from 1-6-2007. The third respondent also filed I.A. No. 1388/2007 before the Division Bench hearing A.S. No. 120/2002, to direct the D.E.O. to consider that application, in which the Division Bench directed the D.E.O., Kollam, to process the application submitted by the petitioner and to take a decision thereon after affording an opportunity of being heard to the parties, who are likely to be affected by the decision. Pursuant thereto, the D.E.O., Kollam, passed Ext. P3 order granting permission for inter-management transfer of the third respondent, who was the Headmistress of the V.H.M.S., Vadavannur, Palakkad, as Headmistress of M.G.T.H.S., Mukhathala, in the retirement vacancy of Smt. K. Annamma with effect from 1-6-2007, in terms of Rule 11(1) of Chapter XIVA of the KER. Ext. P3 order is under challenge in this writ petition, at the instance of an H.S.A. of M.G.T.H.S.

(2.) The petitioner was functioning as the Teacher-in-charge of M.G.T.H.S., Mukhathala, after the retirement of Smt. K. Annamma. The senior most H.S.A. of the school Smt. Thulasibhai, has relinquished her promotion in writing. The petitioner being the only other H.S.A., who has passed Account Test Lower and Departmental Test for the paper on Kerala Education Rules, having nine years' continuous graduate service in that school, claims a right to continue as Teacher-in-charge as per Sub-Rule (6) of Rule 45C of Chapter XIVA of K.E.R. The counsel for the petitioner Sri. C. Unnikrishnan raises two contentions. The first is that, Rule 11 of Chapter XIVA of the K.E.R. does not contemplate inter-management transfer of a Headmistress, but that of teachers only. The second is that the second respondent DEO, Kollam, is only an interim manager of the school on the basis of the direction of this Court and therefore, he has no power to exercise the functions of the Manager of the school which involve a policy decision and subjective satisfaction of the management. According to her, inter-management transfer is one such function which the D.E.O. could not have validly exercised.

(3.) The learned Government Pleader appearing for respondents 1 and 2 arid the counsel appearing for the third respondent, Smt. P.V. Asha, oppose the contentions of the petitioner. It is submitted that the second respondent, being the Receiver-manager appointed by this Court to exercise all the functions of the manager, is empowered to take all decisions which the normal manager can take and as such, there is no merit in the contentions of the petitioner in that regard. They would contend that there is no embargo in the K.E.R. against inter-management transfer of headmasters under Rule 11 of Chapter XIVA of the K.E.R. They would point out that Rule 2(7)(a) of Chapter I of the K.E.R. defines the word, "teacher" as including "headmaster". Therefore, although Rule 11 of Chapter XIVA of the K.E.R. does not specifically refer to inter-management transfer of headmasters, by virtue of the above definition, that rule authorities inter-management transfer of headmasters also. They would also refer to the other provisions in the Kerala Education Rules to show that inter-management transfer of headmasters is also contemplated by Rule 11. They would therefore submit that there is no merit in the contention that Rule 11 contemplates only inter-management transfer of teachers and not that of headmasters.