Ajosh K.B vs The Director Of General Education

Kerala High Court

Ajosh K.B vs The Director Of General Education on 21 May, 2024

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
          THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
     TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
                      WP(C) NO. 18136 OF 2024
PETITIONER/S:

           AJOSH K.B
           AGED 50 YEARS
           S/O. K.V. BHASKARAN, PRINCIPAL, CHERPU HIGHER
           SECONDARY SCHOOL, SCHOOL CODE 8205, CHERPU - P.O.,
           THRISSUR DISTRICT, RESIDING AT KURINJIKADAN HOUSE,
           P.O - KUTTICHIRA, THRISSUR DISTRICT, PIN - 680561

           BY ADVS.
           VINOD MADHAVAN
           M.V.BOSE
           SANIYA C.V.



RESPONDENT/S:

      1      THE DIRECTOR OF GENERAL EDUCATION
             HOUSING BOARD BUILDING, SHANTHI NAGAR,
             THIRUVANNATHAPURAM, PIN - 695001

      2      THE JOINT DIRECTOR OF EDUCATION
             HOUSING BOARD BUILDING, SHANTHI NAGAR,
             THIRUVANNATHAPURAM, PIN - 695001

      3      THE REGIONAL DIRECTOR OF EDUCATION
             S.R.V SCHOOL COMPLEX, ERNAKULAM, PIN - 682011

      4      THE MANAGER
             C.N.N HIGHER SECONDARY SCHOOL, SCHOOL CODE 8205,
             CHERPU - P.O., THRISSUR, PIN - 680561


OTHER PRESENT:

           ADV SAROJINI K G -GP

      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   21.05.2024,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.C No. 18136 of 2024



                                        2

                               JUDGMENT

The petitioner, who is now working as the Principal in the school managed by the 4th respondent has approached this Court seeking the following reliefs.

"(i) call for the entire records which led to Exhibit P1 and quash the same by the issuance of a writ in the nature of certiorari or any other appropriate writ, direction or order;

(ii) issue a writ in the nature of mandamus or any other appropriate writ, direction of order commanding the 2 nd respondent to consider Exhibit P2 and take a fresh decision in the issue by maintaining status quo;

(iii) dispense with filing of the English translation of vernacular documents.

(iv) pass such other order or direction which this Hon'ble Court may deem fit and proper to grant in the circumstances of the case;

And

(v) award the petitioner the costs of this proceeding."

2. The grievances of the petitioner is centered around Ext.P1 order issued by the 2nd respondent, directing the 4th respondent-Manager to initiate disciplinary proceedings against W.P.C No. 18136 of 2024 3 the petitioner, in connection with certain alleged anomalies in furnishing the details of certain appointments made in the school. The specific case of the petitioner is that Ext.P1 was issued, without giving the petitioner any opportunity to explain and Ext.P2 has been submitted by him before the 2nd respondent, explaining the matters relating to the allegations raised in Ext.P1. The limited prayer sought by the petitioner is that, before taking further action on Ext.P1, a decision on Ext.P2 may be taken after affording the petitioner an opportunity for being heard.

3. After hearing the learned counsel for the petitioner and the learned Government Pleader, I am of the view that the writ petition can be disposed of. This is particularly because, the learned Government Pleader upon instruction submits that the petitioner can be granted an opportunity for being heard.

In such circumstances, this writ petition is disposed of directing the 2nd respondent to take up Ext.P2 and appropriate orders thereon be passed after hearing the petitioner, the 5 th respondent and other affected parties, if any. A decision W.P.C No. 18136 of 2024 4 thereon shall be taken within a period of one month from the date of receipt of a copy of this judgment. It is further ordered that, until such a decision is taken, further proceedings pursuant to Ext.P1 shall be kept in abeyance.

Sd/-

ZIYAD RAHMAN A.A. JUDGE rpk W.P.C No. 18136 of 2024 5 APPENDIX OF WP(C) 18136/2024 PETITIONER EXHIBITS Exhibit P 1 A TRUE COPY OF THE ORDER DATED 06.05.2024 ISSUED BY THE 2 ND RESPONDENT Exhibit P 2 A TRUE COPY OF THE REPRESENTATION DATED NIL PREFERRED BY THE WRIT PETITIONER BEFORE THE 2 ND RESPONDENT