← Library
High Court of KeralaWP(C)/2961/2013disposed of

Zubaida E. v. Mubarak English School

2015-09-04Honourable Mr.Justice K.Vinod Chandran5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN FRIDAY, THE 4TH DAY OF SEPTEMBER 2015/13RD BHADRA, 1937 --------------------------- PETITIONER(S):

-------------------------- ZUBAIDA E. AGED 53 YEARS W/O.A.HAMZA, AVUNHIPPURAM HOUSE, VELLARANGAL VAYAPPARAPPADI, MANJERI.P.O., MALAPPURAM DISTRICT PIN-676 121.

BY ADVS.SRI.P.VENUGOPAL (1086/92) SRI.T.A.SHAJI (SR.) RESPONDENT(S):

----------------------------

1. MUBARAK ENGLISH SCHOOL MANJERI COLLEGE P.O., PIN-676 122, MANJERI MALAPPURAM DISTRICT, REPRESENTED BY ITS SECRETARY.

2. PRINCIPAL MUBARAK ENGLISH SCHOOL, MANJERI COLLEGE P.O.

PIN-676 122, MANJERI, MALAPPURAM DISTRICT.

3. REGIONAL OFFICER CENTRAL BOARD OF SECONDARY EDUCATION, PLOT NO.1630 A J BLOCK, 16TH MAIN ROAD, ANNA NAGAR WEST CHENNAI-640 040.

4. CENTRAL BOARD OF SECONDARY EDUCATION PLOT NO.1630, A J BLOCK, 16TH MAIN ROAD ANNA NAGAR WEST CHENNAI-640 040 REPRESENTED BY ITS DIRECTOR.

R1& 2 BY ADV. SRI.A.A.ABUL HASSAN R BY SRI.DEVAN RAMACHANDRAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04-092015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1: TRUE COPY OF THE LETTER DATED 02.07.2011 SUBMITTED BY THE PETITIONER TO THE FIRST RESPONDENT EXHIBIT P2: TRUE COPY OF THE LETTER DATED 20.07.2011 SENT FROM THE OFFICE OF THE FIRST RESPONDENT TO THE PETITIONER EXHIBIT P3: TRUE COPY OF THE REPRESENTATION DATED 01.06.2012 SUBMITTED BY THE PETITIONER TO THE FIRST RESPONDENT EXHIBIT P4: TRUE COPY OF THE REPRESENTATION DATED 07.06.2012 SUBMITTED BY THE PETITIONER TO THE FIRST RESPONDENT EXHIBIT P5: TRUE COPY OF THE REPRESENTATION DATED 13.08.2012 SUBMITTED BY THE PETITIONER TO THE THIRD RESPONDENT (ALONG WITH ITS POSTAL RECEIPT) EXHIBIT P6: TRUE COPY OF THE REPRESENTATION DATED 24.09.2012 SUBMITTED BY THE PETITIONER TO THE FOURTH RESPONDENT (ALONG WITH ITS POSTAL RECEIPT) EXHIBIT P7: TRUE COPY OF THE RELEVANT PAGES OF THE 'AFFILIATION BYE-LAWS' PUBLISHED BY THE CBSE IN ITS WEBSITE.

EXHIBIT P8: TRUE COPY OF THE EXPERIENCE CERTIFICATE DT 31.10.1994 EXHIBIT P9: TRUE COPY OF THE EXPERIENCE CERTIFICATE DT 5.4.2011 EXHIBIT P10. TRUE COPY OF THE FACING SHEET OF THE BANK ACCOUNT PASSBOOK EXHIBIT P11: TRUE COPY OF THE INFORMATION AND THE ACCOUNT STATEKENT FURNISHED BY THE ASSISTANT PROVIDENT FUND COMMISSIONER KOZHIKODE EXHIBIT P12: TRUE COPY OF THE BADGE ISSUED TO THE PETITIONER EXHIBIT P13: TRUE COPY OF THE FACING SHEET AND LAST SHEET OF THE ARABIC PREMIER I EXHIBIT P14: TRUE COPY OF THE FACING SHEET AND LAST SHEET OF THE ARABIC PREMIER II EXHIBIT P15: TRUE COPY OF THE PROGRESS REPORT OF RAHEEMA EXHIBIT P16: TRUE COPY OF THE PROGRESS REPORT OF RAHEES RAHMAN

RESPONDENTS EXHIBITS:

EXT.R1(A): TRUE COPY OF THE ORDER DATED 6.10.2010 OF THE NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS, NEW DELHI EXT.R1(B): TRUE COPY OF THE LETTER DT 8.7.2011 RECEIVED FROM THE HEADMISTRESS POINTING OUT THE CONDUCT OF THE PETITIONER EXT.R1(C): TRUE COPY OF THE DECISIONS TAKEN IN THE MEETING OF THE MANAGING COMMITTEE, DATED 22.07.2011 EXT.R1(D) TRUE COPY OF THE REMINDER DT 22.08.2011 OF THE MANAGING COMMITTEE.

TRUE COPY P.A TO JUDGE jma

K. VINOD CHANDRAN, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P(C) No. 2961 of 2013 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 04th day of September, 2015

J U D G M E N T

The petitioner, a teacher of the Primary Section of the 1st respondent School had been ousted from employment, without assigning any reason and without conducting any enquiry or affording opportunity to defend herself on 01.06.2012, is the contention. The petitioner approached the 1st respondent with Ext.P3 representation on the very same day. The 1st respondent rejected the same without any reasons. Petitioner approached the 1st respondent with repeated representations. Further it is contended by the petitioner that she has approached the 3rd respondent with Ext.P5 representation seeking an enquiry into the matter. Since the 3rd respondent did not respond to Ext.P5 representation even after considerable lapse of time, the petitioner submitted Ext.P6 representation dated 24.09.2012 before the 4th

WPC.No.2961/2013 : 2 :

respondent. Petitioner approached this Court with the above writ petition seeking expeditious consideration of Ext.P6.

2. In such circumstance, 4th respondent shall consider Ext.P6 representations, if it is received, within a period of three months from the date of receipt of a certified copy of this judgment.

Writ petition is disposed of as above.

Sd/- (K. VINOD CHANDRAN, JUDGE) jma //true copy// P.A to Judge