WP(C) NO. 17619 OF 2022 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
WEDNESDAY, THE 27TH DAY OF JULY 2022 / 5TH SRAVANA, 1944
WP(C) NO. 17619 OF 2022
PETITIONER/S:
ACHUTHA VARRIER MEMORIAL HIGHER SECONDARY SCHOOL
CHUNANGAD, CHUNANGAD P.O., OTTAPALAM,
PALAKKAD DISTRICT-679 511,
REPRESENTED BY ITS MANAGER SREEDHARAN MOORIYATH,
SON OF KRISHNAN MOORIYATH, AGED 57 YEARS.
BY ADVS.
T.MADHU
C.R.SARADAMANI
RENJISH S. MENON
RESHMA SANTHOSH
SHAHID AZEEZ
RESPONDENT/S:
1 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 THE DIRECTOR GENRAL OF EDUCATION
OFFICE OF THE DIRECTOR GENERAL OF EDUCATION,
THIRUVANANTHAPURAM-695014.
3 THE DEPUTY DIRECTOR OF EDUCATION
CIVIL STATION, MENATHU PARAMBU,
KUNNATHURMEDU, PALAKKAD DISTRICT-678001.
4 THE DISTRICT EDUCATIONAL OFFICER
OTTAPALAM, PALAKKAD DISTRICT-679101.
WP(C) NO. 17619 OF 2022 2
5 THE SUPER CHECK OFFICER
SUPER CHECK CELL, 6TH FLOOR B BLOCK,
CIVIL STATION, KOZHIKODE-673020.
SMT. NISHA BOSE, SR. GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 27.07.2022, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
WP(C) NO. 17619 OF 2022 3
JUDGMENT
This writ petition is filed seeking to quash Exhibits P3 and P4 orders issued by the Deputy Director and for a further direction to the 4th respondent to conduct a fresh verification in terms of Ext.P2 order issued by the 1st respondent and for incidental reliefs.
2. During the academic year, the super check cell conducted an inspection in the Achutha Varrier Memorial HSS, Chunangad - the petitioner herein - and furnished a report which revealed that the school had made certain bogus admissions. The matter reached the Government and by Ext.P2 order, directions were issued to the subordinate authorities to conduct a re-verification and to issue staff fixation orders accordingly. It was also ordered that if bogus admissions are detected during re- verification, appropriate action be taken against the Headteacher and others responsible. According to the petitioner, without conducting re-verification as ordered in Ext.P2, the 3rd respondent has issued Exts.P3 and P4 notices asking the petitioner to show cause why disciplinary proceedings shall not be initiated. It is in the afore circumstances that the petitioner has rushed to this Court seeking to quash the notices and for issuance of incidental directions.
WP(C) NO. 17619 OF 2022 4
3. I have heard Sri. T. Madhu, the learned counsel appearing for the petitioner and Smt. Nisha Bose, the learned Government Pleader.
4. The learned Government Pleader, on instructions, submitted that in terms of the directions issued by the 1st respondent in Ext.P2, re-verification was carried out, and revised staff fixation order has been issued. It is submitted that in terms of the revised staff fixation order, appropriate proceedings shall be initiated as directed in Ext.P2. It is further submitted that since Exts.P3 and P4 were issued before conducting re-verification as ordered, the same can be quashed with liberty to initiate appropriate action in terms of the directions in Ext.P2.
5. Having considered the submissions advanced, I am of the view that this writ petition can be disposed of by issuing appropriate directions.
Resultantly, Exts.P3 and P4 will stand quashed. The 3rd respondent shall consider the staff fixation order carried out in terms of the directions in Ext.P2 and pass fresh orders in accordance with law.
Sd/-
RAJA VIJAYARAGHAVAN V JUDGE IAP WP(C) NO. 17619 OF 2022 5 APPENDIX OF WP(C) 17619/2022 PETITIONER(S) EXHIBITS :
Exhibit P1 THE TRUE COPY OF THE ORDER DATED
3/9/2021 OF THE SECOND RESPONDENT.
Exhibit P2 THE TRUE COPY OF THE ORDER DATED
5/3/2022 OF THE FIRST RESPONDENT.
Exhibit P3 THE TRUE COPY OF THE NOTICE DATED
30/4/2022 ISSUED BY THE THIRD RESPONDENT
TO THE MANAGER.
Exhibit P4 THE TRUE COPY OF THE NOTICE DATED
30/4/2022 ISSUED BY THE THIRD RESPONDENT
TO THE HEAD TEACHER AND OTHER TEACHERS.
RESPONDENT(S) EXHIBITS : NIL