LAWS(KER)-2009-6-38

ST JOSEPHS MODEL HIGH SCHOOL Vs. VARGHESE

Decided On June 26, 2009
ST JOSEPHS MODEL HIGH SCHOOL Appellant
V/S
VARGHESE Respondents

JUDGEMENT

(1.) The point that arises for decision in this case is the validity of termination of a teacher by the Manager of a recognised, but unaided school. The appellants are respondents 3 and 4 in the writ petition. They are respectively the Manager and Headmaster of St. Joseph's Model High School, Kuriachira, Thrissur.

(2.) The brief facts of the case are the following:-The first respondent herein was appointed as a probationary teacher in the first appellant's school by Ext.Pl order dated 5.8.1997 for the period from 5.8.1997 to 31.3.1998, According to the first respondent, even after the term in Ext.Pl, he continued in service. While so, he was issued with Ext.P2 certificate dated 10.8.1998 to enable him to apply for appointment elsewhere. According to him, he continued in the said school till he was terminated from service during the academic year 1999-2000. It was done to accommodate another person in his place. Aggrieved first respondent/petitioner, therefore, preferred Ext.P3 representation before the District Educational Officer. Alleging that no action was taken on it by the D.E.O. and also seeking appropriate direction to the appellants, the writ petition was filed.

(3.) The appellants filed a counter affidavit stating that the respondent was accommodated in the school on his request, so that he can gain some experience. He wanted to get appointment in De Paul English Medium High School, Choondal. For that, teaching experience ,was required. To acquire the teaching experience, he was working in the first appellant's school. Later he got employment in the said English Medium High School as evident from Ext.R4(a). The appellants also submitted that all other averments in the writ petition are not correct. They also contended that no writ will lie against the manager of a recognised school.