P P MOHAMMED YASEEN Vs. N GEETHA

JUDGEMENT

(1.) The petitioner herein is the manager of M.M.M. Higher Secondary School, Kuttayi, situated within the Tirur Educational District. His managership was approved by the District Educational Officer by Annexure A-I proceedings in August 1986. By Annexure-II order, dated 25/8/2017, the Director of Public Instructions revoked the order which triggered several other legal proceedings. In the meanwhile, the Government issued Annexure- V order on 3/5/2018, making the DEO, Tirur as the manager of the school. It was challenged before this court in W.P.(C) No.15673/2018. This court by Annexurre VII order dated 11/5/2018, granted an interim stay of Annexures II and VI orders therein, which are the orders dated 25/8/2017 of the Additional Director(General) of Public Instructions and the Government order dated 3/5/2018. Pending the proceedings, the respondent herein issued Annexure XII order. Contending that, the above order was in violation of Annexure VII order and that the respondent herein by willfully flouting the order of this Court has committed contempt of court, has approached this court.

(2.) The respondent, who was the 4th respondent in the writ petition, appeared through the learned Government Pleader and filed a detailed objection, traversing the various allegations.

(3.) The respondent herein contended that, Annexure XII order dated 16/5/2019 did not overlook Annexure VII order and was not issued to disobey the above order. It was stated that the contention of the petitioner that, the respondent had described him not as the manager of the school, was false, baseless and was incorrect. It was stated that Annexure XII order was a temporary measure whereby one Meenakumari.T.R. was given additional charge of the Headmistress. It was stated that, consequent to the retirement vacancy of the headmaster which arose on 31/3/2018, which was lying vacant from 1-4-2018, the petitioner herein, without the authority appointed one Rajendran Nair as the headmaster of the school concerned. The promotion of that person was rejected by the respondent by proceedings dated 17/4/2018 and the approval for the same was denied. That order was not challenged either by Rajendran Nair or by the petitioner herein. Hence, the post of headmaster was lying vacant from 1-4-2018. One N.J.Jose was eligible incumbent therein being the next senior person. However, since the writ petition was pending, the charge was offered to next senior most incumbent . The next senior most incumbents Smt.P. Omana and Smt.Prameela refused to take charge as Headmaster despite the request made by the respondent. Hence, by Annexure-XII order, the respondent gave charge of the Headmaster to Meenakumari T.R., who was the next senior most incumbent. It was stated that it was issued only to carry out day-to-day activities of the school, which were absolutely essential for the smooth running of the institution. It was considering the predominant interest and the welfare of the students and staff of the school that Annexure-XII was issued. Annexure-XII was issued not in her capacity as temporary manager, but exercising the administrative powers conferred on her as DEO. Further, it was contended that, the interim order was served on the respondent only after the issuance of Annexure-XII on account of postal strike. However, it was submitted that any inconvenience caused to the court at her instance was highly regretted. She tendered unconditional apology for the same.