A.R.Sreekumaran vs State Of Kerala
2021 Latest Caselaw 7539 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

    THURSDAY, THE 04TH DAY OF MARCH 2021 / 13TH PHALGUNA, 1942

                       WP(C).No.5690 OF 2021(I)


PETITIONERS:

      1        A.R.SREEKUMARAN
               AGED 53 YEARS
               HEADMASTER, SABARI AIDED UP SCHOOL, KALLUVAZHI P.O.,
               PALAKKAD - 679 514.

      2        MANAGER, SABARI CHARITABLE TRUST SCHOOL
               THANAV, OLAVAKKODE, PALAKKAD - 678 002.

               BY ADV. DR.GEORGE ABRAHAM

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL
               EDUCATION DEPARTMENT, THIRUVANANTHAPURAM - 695 001.

      2        DIRECTOR OF GENERAL EDUCATION
               JAGATHY, THIRUVANANTHAPURAM - 695 014.

      3        SUPER CHECK OFFICER
               SUPER CHECK CELL, CIVIL STATION, B. BLOCK,
               6TH FLOOR, CALICUT - 676 020.

      4        DEPUTY DIRECTOR OF EDUCATION
               PALAKKAD - 678 014.

      5        ASSISTANT EDUCATIONAL OFFICER
               CHERPULASSERY, PALAKKAD - 679 503.



               T . RAJASEKHARAN NAIR SR GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.5690 OF 2021(I)

                                        2




                                   JUDGMENT

Dated this the 4th day of March 2021

This writ petition is filed seeking the following reliefs:

"i) to issue a writ of certiorari or any other appropriate writ, order or direction, to quash Exhibit P6 order passed by the 2nd respondent.

ii) to declare that the staff fixation order passed by the Assistant Educational Officer, Cherpulassery for the academic year 2019-20 for the school viz. Sabari Aided up School, Kalluvazhi is in order and not interference is called for against the said staff fixation order.

iii) to issue a writ of mandamus or any other appropriate writ, order or direction, directing the 1 st respondent to consider Exhibit P20 revision filed by the petitioners."

2. Heard the learned counsel for the petitioners and the learned

Government Pleader.

3. It is submitted by the learned counsel for the petitioners that

17 divisions had been sanctioned in the staff fixation for the academic

year 2019-20, by the Assistant Educational Officer, Cherpulassery. WP(C).No.5690 OF 2021(I)

However, the Super Check Cell conducted inspections on 10.10.2019

and 11.02.2020 and had submitted a report to the effect that the

number of students were less than as stated in the Staff Fixation

Order. It is stated that though objections had been preferred to the

report of the Super Check Cell, without considering the same, two

divisions in standard VII had been reduced as per Ext.P6 order. The

petitioners had preferred Ext.P20 revision petition before the 1 st

respondent and had produced documents to show that the disputed

students were actually studying in the School and had only been

absent on the relevant dates.

4. Since the petitioners had approached the Government with

Ext.P20, I am of the opinion that the said revision petition is liable to

be considered by the Government in accordance with law, taking note

of the documents produced by the petitioners as well.

There will, accordingly, be a direction to the 1 st respondent to

take up, consider and pass orders on Ext.P20 revision petition

preferred by the petitioners with notice to the petitioners and to pass

orders thereon, taking note of the documents produced by them also,

within a period of two months from the date of receipt of a copy of WP(C).No.5690 OF 2021(I)

this judgment. The petitioners shall produce a copy of this writ

petition along with a copy of the judgment before the 1 st respondent

for compliance. Further coercive proceedings pursuant to Ext.P6, shall

be kept in abeyance and shall be subject to the orders to be passed by

the Government on Ext.P20 as directed above.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C).No.5690 OF 2021(I)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE COMMUNICATION DATED 7/10/2020 ISSUED BY THE 2ND RESPONDENT INVITING THE PETITIONERS FOR A HEARING ON 21/10/2020.

EXHIBIT P2 TRUE COPY OF WRITTEN SUBMISSION MADE BY SMT.SOBHA P.R., LPSA DATED 19/10/2020.

EXHIBIT P3 TRUE COPY OF WRITTEN SUBMISSION MADE BY SMT.K.SAJITHAKUMARI DATED 20/10/2020.

EXHIBIT P4 TRUE COPY OF PETITION FILED BY SMT.K.N.REMA DATED 19/10/2020.

EXHIBIT P5 TRUE COPY OF WRITTEN SUBMISSION OF SMT.T.SREELATHA DATED 19/10/2020.

EXHIBIT P6 TRUE COPY OF ORDER DATED 4/2/2021 IN S.C./53/2020/K.K.D. ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P7 TRUE COPY OF APPLICATION SUBMITTED BY THE PARENT OF SAYANT P. DATED NIL.

EXHIBIT P8 TRUE COPY OF BIRTH CERTIFICATE OF SAYANATH P. ISSUED BY THRIKKADEERI GRAMA PANCHAYATH DATED 12/11/2014.

EXHIBIT P9 TRUE COPY OF THE AADHAAR CARD OF SAYANTH P. DATED NIL.

EXHIBIT P10 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PARENT OF ABHINAV C.P. DATED NIL.

EXHIBIT P11 TRUE COPY OF THE BIRTH CERTIFICATE OF ABHINAV C.P. ISSUED BY THE PALAKKAD MUNICIPALITY DATED 8/5/2019.

EXHIBIT P12 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PARENT OF ADITHYA V. DATED NIL.

EXHIBIT P13 TRUE COPY OF THE TRANSFER CERTIFICATE ISSUED TO ADITHYA V. DATED NIL.

EXHIBIT P14 TRUE COPY OF THE APPLICATION SUBMITTED BY WP(C).No.5690 OF 2021(I)

THE PARENT OF M.MURALIKRISHNAN FOR JOINING THE SCHOOL DATED NIL.

EXHIBIT P15 TRUE COPY OF THE T.C. ISSUED TO MURALIKRISHNAN M. DATED NIL.

EXHIBIT P16 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PARENTS OF ABIDHA J. DATED NIL.

EXHIBIT P17 TRUE COPY OF THE T.C. ISSUED IN FAVOUR OF ABIDHA J. DATED NIL.

EXHIBIT P18 TRUE COPY OF THE APPLICATION SUBMITTED BY ROHINI S. DATED NIL.

EXHIBIT P19 TRUE COPY OF THE T.C.ISSUED IN FAVOUR OF ROHINI S. DATED 26/7/2019.

EXHIBIT P20 TRUE COPY OF THE REVISION PETITION FILED BY THE PETITIONERS DATED 17/2/2021.