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Judgment
Mohammed Nias C.P., J
The petitioner has filed this writ petition seeking a direction to consider Ext.P7 representation filed by her before the first respondent Regional Officer, Central Board of Secondary Education (CBSE) Chennai seeking arrears of salary due to her. The petitioner states that she was a teacher working in the Mather English School, Vadanappally, Thrissur, of which the third respondent is the Manager and the 4th respondent is the Principal.
This Court passed an order on 25.8.2021 requiring the CBSE to get instructions on whether any decision was taken on Ext.P7. A statement was filed on 6.10.2021 stating that after the receipt of Ext.P7 representation by them, they had sought the para-wise comments from the 4th respondent. The management had also intimated that they had filed WP(C)No.3492 of 2011 against the petitioner and the educational authorities for having issued a notice to the school. The first respondent also submits in the statement that, though CBSE is an authority amenable to the jurisdiction of this Court under Article 226 of the Constitution of India, it cannot be used to enforce a contract of personal service, including all matters relating to the service that of the employee – including confirmation, suspension termination, etc. and this view is taken in the decision reported in Sommy Kunjappan v. Central Board of Secondary Education and others [2019(1) KLT 864] and has been followed in the judgment in WP(C)No.10980/2019 as well. In the instant case, it is clear that the writ petition cannot be said to be maintainable. It is also pointed out that Ext.P7 representation was preferred when the earlier affiliation byelaws of the CBSE were in force, which was later amended in 2018. As per the current CBSE byelaws, any teacher who is aggrieved in connection with their service conditions and pay can approach the school management of the respective school itself. The schools are also directed to comply with the norms given in the Acts/ Rules of the State/UT and of the CBSE regarding terms and conditions of service and other rules governing recognition/affiliation of the school and to strictly adhere to them as per byelaw 8.4.14. It is also a requirement of the school management committee to look into the welfare of teachers and employees of the school as per byelaw 8.4.3. The statement filed on behalf of respondents 1 and 2 are recorded. Accordingly, this writ petition is closed without prejudice to the right of the petitioner to approach the school management committee in terms of the applicable byelaw, in which event the management will take a decision in accordance with law and the bye laws applicable, with notice to the petitioner, without delay.
The Writ petition is disposed as above