2025:KER:25101 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947 WP(C) NO. 9494 OF 2024 PETITIONER: DEEPA KARATHAMBALATH AGED 53 YEARS WIFE OF (LATE) SASIDHARAN K P, HEADMISTRESS (UNDER SUSPENSION), CHIYYUR LOWER PRIMARY SCHOOL, P.O. VISHNUMANGALAM NADAPURAM, KOZHIKODE DISTRICT (RESIDING AT SREEDEEPAM HOUSE, CHELAKKAD POST, KALLACHI, KOZHIKODE DISTRICT-673506) BY ADV V.A.MUHAMMED RESPONDENTS: 1 THE STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II, THIRUVANANTHAPURAM, PIN - 695001 2 THE ASSISTSANT EDUCATIONAL OFFICER NADAPURAM, KOZHIKODE DISTRICT, PIN - 673506 3 THE MANAGER CHIYYUR LOWER PRIMARY SCHOOL, P.O. VISHNUMANGALAM NADAPURAM, KOZHIKODE DISTRICT, PIN - 673506 2025:KER:25101 WP(C) Nos.9494 and 11461 of 2024 2 4 SRI. M. SAJEEVAN HEADMASTER-IN-CHARGE, CHIYYUR LOWER PRIMARY SCHOOL, P.O. VISHNUMANGALAM NADAPURAM, KOZHIKODE DISTRICT, PIN - 673506 5 SMT. JASEERA K P TEACHER-IN-CHARGE OF HEADMISTRESS, CHIYYUR LOWER PRIMARY SCHOOL, P.O. VISHNUMANGALAM NADAPURAM, KOZHIKODE DISTRICT, PIN - 673506 BY ADVS. GEORGE ABRAHAM DR JOBY D JOSEPH(K/000093/2019) MARY CATHERINE PRIYANKA P.S.(K/319/2015) SMT. ANIMA M., GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.03.2025, ALONG WITH WP(C).11461/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:25101 WP(C) Nos.9494 and 11461 of 2024 3 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947 WP(C) NO. 11461 OF 2024 PETITIONER: SREEJITH CHERUVALATH, AGED 45 YEARS S/O C. KARUNAKARAN NAMBIAR, MANAGER, CHIYYUR L.P. SCHOOL, VISHNUMANGALAM, NADAPURAM, KOZHIKODE DISTRICT, PIN - 673506 BY ADVS. GEORGE ABRAHAM JOBY D JOSEPH RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 THE DIRECTOR OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM, PIN - 695014 3 THE ASSISTANT EDUCATIONAL OFFICER, NADAPURAM, KOZHIKODE DISTRICT, PIN - 673506 2025:KER:25101 WP(C) Nos.9494 and 11461 of 2024 4 4 DEEPA KARATHAMBALATH, HEADMISTRESS (UNDER SUSPENSION), W/O SASIDHARAN, SREEPADAM HOUSE, CHELAKKAD P.O. KALLACHI, KOZHIKODE DISTRICT, PIN - 673506 5 K. PRAKASAN, LPSA, CHIYYUR L.P. SCHOOL, VISHNUMANGALAM, NADAPURAM, KOZHIKODE DISTRICT, PIN - 673506 6 CHAIRMAN, CHILD WELFARE COMMITTEE, GOVERNMENT CHILDREN’S HOME FOR GIRLS, MARIKUNNU P.O., KOZHIKODE DISTRICT - 673012 BY ADVS. V.A MUHAMMED R.PARTHASARATHY M.SAJJAD(K/335/1997) SEEMA(K/893/2000) SMT. V.A MUHAMMED R.PARTHASARATHY M.SAJJAD(K/335/1997) SEEMA(K/893/2000) SMT. ANIMA M., GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24.03.2025, ALONG WITH WP(C).9494/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:25101 WP(C) Nos.9494 and 11461 of 2024 5 JUDGMENT Dated this the 24th day of March, 2025 [W.P.(C) Nos.9494 & 11461 of 2024] W.P.(C) No.11461 of 2024 has been filed by the Manager of Chiyyur LP School, Nadapuram seeking the following reliefs: (i) To issue a writ of certiorari or any other appropriate writ, order or direction to quash Ext.P12 order issued filed by the AEO, Nadapuram; (ii) To issue a writ of mandamus or any other appropriate writ, order or direction, directing the 1st respondent to consider Ext.P13 petition filed by the petitioner without any further delay; (iii) To issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents 1 to 3 to permit the petitioner to place the 4th respondent under suspension till orders were issued by the 1st respondent in Ext.P13 petition; (iv) To issue a writ of mandamus or any other appropriate writ, order or direction, directing the 6th respondent to conduct a thorough investigation with respect to the complaint filed by the petitioner; (v) To issue a writ of mandamus or any other appropriate writ, order or direction, directing the Assistant Educational Officer, Nadapuram to 2025:KER:25101 WP(C) Nos.9494 and 11461 of 2024 6 conduct an enquiry under Rule 75 of Chapter XIVA KER as against the 4th respondent and submit an enquiry report to the petitioner. 2. The 4th respondent in W.P.(C) No.11461 of 2024, who is the alleged delinquent Teacher, has filed W.P.(C) No.9494 of 2024 seeking the following reliefs: (i) Issue a writ of mandamus or other appropriate writ, order or direction commanding the 3rd respondent to reinstate the petitioner in service forthwith implementing Ext.P2 order of the AEO. (ii) issue a writ of mandamus or other appropriate writ order or direction commanding the 2nd respondent to take appropriate action against the 3rd respondent Manager for not complying with Ext.P2 order of the Educational Officer. 3. I have heard the learned counsel for the petitioners in both the cases, the learned Government Pleader representing the official respondents, the learned counsel appearing for the 5th respondent in W.P.(C) No.11461 of 2024 and the learned counsel appearing for the 3rd respondent in W.P.(C) No.9494 of 2024. 2025:KER:25101 WP(C) Nos.9494 and 11461 of 2024 7 4. Going through the pleadings in the writ petitions, I find that though the petitioner in W.P.(C) No.9494 of 2024 had been placed under suspension, subsequently the suspension has been withdrawn and the petitioner is reinstated. In that view of the matter, it would be only just and appropriate that the Assistant Educational Officer, Nadapuram may be directed to conclude the enquiry proceedings within a reasonable time. In the facts of the case, without going into the merits of the contentions raised by the rival parties, the writ petitions are disposed of directing the Assistant Educational Officer, Nadapuram to conclude the enquiry proceedings in the matter, within a period of three months. Sd/- N.NAGARESH JUDGE spk 2025:KER:25101 WP(C) Nos.9494 and 11461 of 2024 8 APPENDIX OF WP(C) 9494/2024 PETITIONER EXHIBITS Exhibit P-1 TRUE COPY OF THE SUSPENSION ORDER NO. CLPS001/2024 DATED 15.02.2024 OF THE MANAGER Exhibit P-2 TRUE COPY OF THE ORDER NO. AEONPM/223/2024-B DATED 28.02.2024 ISSUED BY THE AEO Exhibit P-3 TRUE COPY OF THE LETTER ADDRESSED TO THE AEO, NADAPURAM BY THE PETITIONER DATED 01.03.2024 Exhibit P-4 TRUE COPY OF THE LETTER ADDRESSED TO THE AEO, NADAPURAM BY THE MANAGER DATED NIL Exhibit P-5 TRUE COPY OF THE LETTER ADDRESSED TO THE AEO, NADAPURAM BY THE PETITIONER DATED 02.03.2024 Exhibit P-6 TRUE COPY OF THE LETTER DATED 04.03.2024 EXTENDED TO THE PETITIONER BY THE 4TH RESPONDENT Exhibit P-7 TRUE COPY OF THE LETTER DATED 01.03.2024 SENT BY THE MANAGER TO THE 5TH RESPONDENT Exhibit P-8 TRUE COPY OF THE APPEAL PETITION (UNDATED) MOVED BY THE MANAGER BEFORE THE 1ST RESPONDENT Exhibit P-9 TRUE COPY OF THE LETTER NO. AEONDPM- 223/2024-B DATED 13.03.2024 OF THE AEO. NADAPURAM 2025:KER:25101 WP(C) Nos.9494 and 11461 of 2024 9 Exhibit P-10 TRUE COPY OF THE LETTER OF THE PETITIONER DATED 14.03.2024 ADDRESSED TO THE STATION HOUSE OFFICER Exhibit P-11 TRUE COPY OF THE LETTER NO. AEONDPM/223/2024-B DATED 14.03.2024 OF THE AEO, NADAPURAM Exhibit P-12 TRUE COPY OF THE LETTER DATED 15.03.2024 ADDRESSED TO THE AEO, NADAPURAM BY THE PETITIONER RESPONDENT EXHIBITS Exhibit R3(a) A COPY OF THE COMMUNICATION NO. CLPS/2311/02 DATED 10/11/2023 ISSUED BY THIS RESPONDENT Exhibit R3(b) A COPY OF THE NOTICE NO.CWC/KKD/994/2023 DATED 13/11/2023 Exhibit R3(c) A COPY OF THE REPORT DATED 14/11/2023 SENT BY THE HEADMISTRESS TO THE CHILD WELFARE COMMITTEE Exhibit R3(d) A COPY OF THE COMMUNICATION DATED 2/10/2023 ISSUED BY THE MANAGER TO THE WRIT PETITIONER Exhibit R3(e) A COPY OF THE REPLY SEND BY THE HEADMISTRESS DATED 10/10/2023 Exhibit R3(f) A COPY OF THE MINUTES OF THE PTA MEETING DATED 21/2/2024 Exhibit R3(g) A COPY OF THE STAY PETITION ALONG WITH APPEAL MEMORANDUM DATED 1/3/2024 2025:KER:25101 WP(C) Nos.9494 and 11461 of 2024 10 Exhibit R3(h) A COPY OF THE COMPLAINT FILED BY SMT. NISHA.K DATED 16/2/2024 Exhibit R3(i) A COPY OF THE CHARGE MEMO NO.CLPS003/2024 DATED 23/2/2024 2025:KER:25101 WP(C) Nos.9494 and 11461 of 2024 11 APPENDIX OF WP(C) 11461/2024 PETITIONER EXHIBITS Exhibit P1 A COPY OF THE ORDER NO. K.DIS B/1195/2022 DATED 7/7/2023 ISSUED BY THE 3RD RESPONDENT APPROVING THE APPOINTMENT OF THE PETITIONER Exhibit P2 A COPY OF THE COMMUNICATION NO.994/2023 DATED 13/11/2023 ISSUED BY THE CHILD WELFARE COMMITTEE Exhibit P3 A COPY OF THE LETTER DATED 2/10/2023 ISSUED BY THE PETITIONER Exhibit P4 A COPY OF THE COMMUNICATION DATED 10/10/2023 ISSUED BY THE 4TH RESPONDENT Exhibit P5 A COPY OF THE REPLY SUBMITTED BY THE 4TH RESPONDENT DATED 14/11/2023 Exhibit P6 A COPY OF THE COMMUNICATION NO.CLPS/2311/02 DATED 10/11/2023 Exhibit P7 A COPY OF THE NOON MEAL REGISTER FOR THE MONTH OF OCTOBER, 2022 TO FEBRUARY, 2023 Exhibit P8 A COPY OF THE MINUTES BOOK OF THE PTA MEETING HELD ON 21/2/2024 Exhibit P9 A COPY OF THE SUSPENSION ORDER NO.CLP5001/2024 DATED 15/2/2024 Exhibit P10 A COPY OF THE SUBMISSION MADE BY THE MANAGER BEFORE THE 3RD RESPONDENT DATED 26/2/2024 2025:KER:25101 WP(C) Nos.9494 and 11461 of 2024 12 Exhibit P11 A COPY OF THE CHARGE MEMO AND STATEMENT OF ALLEGATION DATED 23/2/2024 Exhibit P12 A COPY OF THE ORDER NO.AEONPM/223/2024-B DATED 28/2/2024 Exhibit P13 A COPY OF THE APPEAL ALONG WITH THE SAID PETITION FILED BY THE MANAGER DATED 1/3/2024 Exhibit P14 A COPY OF THE INTERIM ORDER OF THE 3RD RESPONDENT IN W.P.(C) NO. 9494/2024 DATED 11/3/2024 Exhibit P15 A COPY OF THE PRINTOUT FROM THE FACEBOOK OF THE 4TH RESPONDENT Exhibit P16 A COPY OF THE COMPLAINT FILED BY THE PETITIONER THROUGH EMAIL DATED 15/3/2024 Exhibit P17 A COPY OF THE ORDER NO.AEONPM/223/2024-B DATED 13/3/2024 ISSUED BY THE 3RD RESPONDENT Exhibit P18 A COPY OF THE COMPLAINT DATED 16/2/2024 FILED BY THE 4TH RESPONDENT Exhibit P19 A COPY OF THE COMPLAINT SUBMITTED BY THE 4TH RESPONDENT DATED 15/2/2024 Exhibit P20 A COPY OF THE INTIMATION ISSUED BY THE KERALA WOMEN’S COMMISSION DATED 12/3/2024 Exhibit P21 A COPY OF THE REPLY SUBMITTED BY THE WRIT PETITIONER BEFORE THE HON’BLE KERALA WOMEN’S COMMISSION DATED 2025:KER:25101 WP(C) Nos.9494 and 11461 of 2024 13 18/3/2024 Exhibit P22 A COPY OF THE WITHDRAWAL REQUEST SUBMITTED BY THE 4TH RESPONDENT, WHICH WAS OBTAINED UNDER THE RIGHT TO INFORMATION ACT DATED 25/7/2022 Exhibit P23 A COPY OF THE INFORMATION OBTAINED WITH RESPECT TO THE WITHDRAWAL OF THE COMPLAINT DATED 8/11/2022 Exhibit P24 A COPY OF THE WRITTEN REQUEST DATED 14/3/2024 Exhibit P25 A COPY OF THE REQUEST SUBMITTED BY THE PETITIONER THROUGH EMAIL DATED 13/3/2024 Exhibit P26 A COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER DATED 25/3/2024. Exhibit P27 A COPY OF THE ORDER NO. 001/2024 DATED 21/8/2024 PASSED BY THE PETITIONER Exhibit P28 A COPY OF THE COVERING LETTER DATED 8/5/2024 SENT BY THE MANAGER TO THE ASSISTANT EDUCATIONAL OFFICER, NADAPURAM RESPONDENT EXHIBITS Exhibit R4 (a) TRUE COPY OF THE COMPLAINT DATED SUBMITTED BEFORE THE SUB INSPECTOR OF NADAPURAM POLICE ALONG WITH RECEIPT Exhibit R4 (b) TRUE COPY OF THE EXPLANATION DATED 11.03.2024 BY THIS RESPONDENT TO THE MANAGER 2025:KER:25101 WP(C) Nos.9494 and 11461 of 2024 14 Exhibit R4 (c) TRUE COPY OF THE ATTENDANCE REGISTER MAINTAINED IN AEO OFFICE Exhibit R4 (d) TRUE COPY OF THE REPORT SUBMITTED BEFORE THE AEO DATED 16-10-2023 Exhibit R4 (e) TRUE COPY OF THE COMPLAINT DATED 13-5- 2022 BY THIS RESPONDENT BEFORE THE ASSISTANT EDUCATIONAL OFFICER, NADAPURAM Exhibit R4 (f) TRUE COPY OF THE SUSPENSION ORDER NO 1/2022 DATED 27-6-2022 OF THE MANAGER Exhibit R4 (g) TRUE COPY OF THE MEMO OF CHARGES AND STATEMENT OF ALLEGATION DATED 27-6- 2022 Exhibit R4 (h) TRUE COPY OF THE ORDER NO B/1690/22 DATED 8-7-2022 OF THE EDUCATIONAL OFFICER Exhibit R4 (i) TRUE COPY OF THE CIRCULAR NO. J1/164/19 G.EDN DATED 28.06.2019 ISSUED BY THE GOVERNMENT Exhibit-R5(a) TRUE COPY OF THE REPORT SUBMITTED BY DEPUTY SUPERINTENDENT OF POLICE, KOZHIKODE RURAL DATED 27.11.2023 OBTAINED UNDER RTI.