A.G.Hareendranath vs State Of Kerala
2021 Latest Caselaw 8285 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

     FRIDAY, THE 12TH DAY OF MARCH 2021 / 21ST PHALGUNA, 1942

                       WP(C).No.2905 OF 2012(K)


PETITIONERS:

      1        A.G.HAREENDRANATH, NON-VOCATIONAL TEACHER (ENGLISH)
               VOCATIONAL HIGHER SECONDARY SCHOOL, KUZHIKKAL
               EDAVAKA, KARIMPINPUZHA (PO), KOTTARAKKARA, KOLLAM
               DISTRICT.

      2        C.S.JAYASANKAR
               LABORATORY TECHNICAL ASSISTANT, VOCATIONAL HIGHER
               SECONDARY SCHOOL, KUZHIKKAL EDAVAKA, KARIMPINPUZHA
               (PO), KOTTARAKKARA, KOLLAM DISTRICT.

      3        C.V.PRAVEEN KUMAR
               LABORATORY TECHNICAL ASSISTANT, VOCATIONAL HIGHER
               SECONDARY SCHOOL, KUZHIKKAL EDAVAKA, KARIMPINPUZHA
               (PO), KOTTARAKKARA, KOLLAM DISTRICT.

               SRI.M.V.THAMBAN
               SRI.B.BIPIN
               SRI.R.REJI
               SMT.THARA THAMBAN

RESPONDENTS:

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

      2        THE DIRECTOR
               VOCATIONAL HIGHER SECONDARY EDUCATION,
               THIRUVANANTHAPURAM-695 001.

      3        THE ASSISTANT DIRECTOR
               VOCATIONAL HIGHER SECONDARY EDUCATION,
               THIRUVANANTHAPURAM-695 001.

      4        THE MANAGER
               VOCATIONAL HIGHER SECONDARY SCHOOL, KUZHIKKAL
               EDAVAKA, KARIMPINPUZHA (PO), KOTTARAKKARA, KOLLAM
               DISTRICT-691 506.
 WP(C).No.2905 OF 2012(K)

                                    2

        5        SMT.SINDHU PRABAKAR
                 VOCATIONAL HIGHER SECONDARY TEACHER (ACTING AS THE
                 PRINCIPAL-IN-CHARGE) VOCATIONAL HIGHER SECONDARY
                 SCHOOL, KUZHIKKAL EDAVAKA, KARIMPINPUZHA (PO),
                 KOTTARAKKARA, KOLLAM DISTRICT-691 506.

                 SRI.T.R.RAVI, ADVOCATE COMMISSIONER
                 SRI.P.GOPALAKRISHNAN MVA
                 SRI.A.N.RAJAN BABU
                 SRI.P.GOPALAKRISHNAN (MVA)
                 SRI. P.M.MANOJ - SR.GP

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
12.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.2905 OF 2012(K)

                                         3


                                   JUDGMENT

Dated this the 12th day of March 2021

The petitioners have approached this Court making

various complaints against the "Vocational Higher Secondary

School", Karimpinpuzha, Kollam, but when this matter was

called today, their learned counsel, Sri.M.V.Thamban,

submitted that his clients will be satisfied for the time being,

if this Court directs the second respondent - Director of

Vocational Higher Secondary Education to take up Ext.P5

representation of theirs and cause an enquiry to the same as

per law. He submitted that if this Court is inclined to order

so, the other reliefs are not being pressed.

2. In response, the learned Senior Government Pleader,

Sri.P.M.Manoj submitted that if the petitioners only require

the second respondent to take up Ext.P5 and cause a proper

enquiry thereon, there does not appear to be any legal

impediment in doing so, but prayed that this Court may not

make any affirmative declarations in favour of the petitioners

and leave it to the said Authority to take a decision thereon as

per law.

WP(C).No.2905 OF 2012(K)

In the afore circumstances, I order this writ petition

and direct the second respondent to take up Ext.P5

representation of the petitioners and dispose of the same,

after affording them and respondents 4 and 5 an opportunity

of being heard - either physically or through video

conferencing - thus culminating in an appropriate order

thereon within a period of five months from the date of receipt

of a copy of this judgment.

                                               Sd/- DEVAN RAMACHANDRAN

Stu                                                          JUDGE
 WP(C).No.2905 OF 2012(K)




                               APPENDIX
PETITIONER'S EXHIBITS:

EXHIBIT P1          TRUE COPY OF THE COMMUNICATION NO.E3/15760/11
                    DATED 5.9.2011.

EXHIBIT P2          TRUE COPY OF THE COMPLAINT FILED BY THE 1ST

PETITIONER BEFORE THE CO-ORDINATOR, I.T. @ SCHOOL, KOLLAM ON 5.1.2011.

EXHIBIT P3 TRUE COPY OF THE COMPLAINT TO THE DISTRICT COLLECTOR ON 5.1.2011.

EXHIBIT P4 TRUE COPY OF THE LETTER NO.L1/3110/2011 DATED 1.8.2011.

EXHIBIT P5 TRUE COPY OF THE REPRESENTATION BEFORE THE DIRECTOR ON 20.10.2011.

EXHIBIT P6 TRUE COPY OF THE COMPLAINT BEFORE THE 3RD RESPONDENT ON 7.10.2011.

EXHIBIT P7 TRUE COPY OF THE JUDGMENT DATED 12.10.2010 IN WP(C) NO.13979/10.

EXHIBIT P8 TRUE COPY OF THE JUDGMENT DATED 30.9.2011 IN WP(C) NO.22901/2011.

EXHIBIT P9 TRUE COPY OF THE COMPLAINT TO THE DEPUTY SUPERINTENDENT, VIGILANCE, KOLLAM ON 19.9.2011.

EXHIBIT P10 TRUE COPY OF THE DETAILED COMPLAINT BEFORE THE HON'BLE CHIEF MINISTER ON 24.8.2011.

EXHIBIT P11 TRUE COPY OF THE LETTER NO.D3/1193/2011 DATED 28.3.2011.

EXHIBIT P12 TRUE COPY OF THE CIRCULAR NO.E3/1245/2012 DATED 7.2.2012.

EXHIBIT P12 TRUE COPY OF THE INQUIRY REPORT OF THE DEPUTY DIRECTOR (EDUCATION), KOLLAM.

EXHIBIT P13 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE 2ND PETITIONER TO THE GOVERNMENT DATED 3.7.2012. WP(C).No.2905 OF 2012(K)

EXHIBIT P14 TRUE COPY OF THE ACQUITTANCE ROLL FOR THE MONTH OF SEPTEMBER 2011.

EXHIBIT P15 TRUE COPY OF THE FIR NO.843/2011 DATED 19.8.2011 OF PUTHOOR POLICE STATION.

EXHIBIT P16 TRUE COPY OF THE ATTENDANCE REGISTER FOR THE MONTH OF NOVEMBER, 2011.

RESPONDENT'S EXHIBITS:

EXHIBIT R3(A) TRUE COPY OF REPORT NO.L3/1193/2011 DATED 4.2.2012 OF THE ASSISTANT DIRECTOR, VHSC REGIONAL OFFICE, KOLLAM.

EXHIBIT R4(A) A TRUE COPY OF THE ORDER NO.A1/DIC-1/2009 DATED 28.11.09.

EXHIBIT R4(B) A TRUE COPY OF THE ENQUIRY REPORT OF THE ADMINISTRATIVE OFFICER.

EXHIBIT R4(C) A TRUE COPY OF THE ORDER NO.E3/21913/09 DATED 31.12.09.

EXHIBIT R4(D) A TRUE COPY OF THE MEMO OF CHARGE DATED 18.1.2010.

EXHIBIT R4(E) A TRUE COPY OF THE ORDER REINSTATING THE 1ST PETITIONER.

EXHIBIT R4(F) A TRUE COPY OF THE JUDGMENT IN WPC 13980/10.

EXHIBIT R4(G) A TRUE COPY OF THE ORDER NO.EL/22394/2010 DATED 26.1.2011.

EXHIBIT R4(H) A TRUE COPY OF THE JUDGMENT IN WPC 5711/11.

EXHIBIT R4(I) A TRUE COPY OF THE ORDER NO.E3/7824/2011 DATED 22.7.2011.

EXHIBIT R4(J) A TRUE COPY OF THE JUDGMENT IN WPC 13979/10 AND WPC 18008/2010.

EXHIBIT R4(K) A TRUE COPY OF THE ORDER REINSTATING 5TH RESPONDENT DATED 2.12.09.

EXHIBIT R4(L) TRUE COPY OF THE ORDER PASSED BY 1ST RESPONDENT DATED 19.1.2012.

WP(C).No.2905 OF 2012(K)

EXHIBIT R4(M) TRUE COPY OF THE JUDGMENT IN WPC NO.16883/10 AND WPC NO.492/2012.

EXHIBIT R4(N) A TRUE COPY OF THE SENIORITY LIST OF TEACHERS OF VHSS KUZHILIDAVAKA.

EXHIBIT R4(O) A TRUE COPY OF THE ORDER NO.A2/PRIN/VHSS/12 DATED 20.1.2012.

EXHIBIT R4(P) A TRUE COPY OF THE APPOINTMENT ORDER PASSED BY MANAGER OF VHSS KUZHILIDAVAKA.

EXHIBIT R4(Q) A TRUE COPY OF THE LETTER NO.A2/PRIN/VHSS/2012 SEND BY THE MANAGER.

EXHIBIT R4(R) A TRUE COPY OF THE LETTER NO.E3/1480/12 FROM DIRECTOR OF EDUCATION.

EXHIBIT R4(S) A TRUE COPY OF THE LETTER NO.B4/22801/09 FROM OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION DATED 28.7.2011.

EXHIBIT R4(T) A TRUE COPY OF THE INSPECTION WING.

EXHIBIT R4(U) A TRUE COPY OF THE COMPLAINT FILED BY 4TH RESPONDENT DATED 23.2.2011.

EXHIBIT R4(V) A TRUE COPY OF THE COMPLAINT FILED BY 4TH RESPONDENT DATED 15.7.2011.

EXHIBIT R4(W) A TRUE COPY OF THE PETITION FILED BY PTA PRESIDENT AND 24 OTHER MEMBERS.

EXHIBIT R4(X) A TRUE COPY OF THE REPRESENTATION GIVEN TO WOMENS COMMISSION DATED 13.12.10.

EXHIBIT R4(Y) A TRUE COPY OF THE LETTER SUBMITTED BY THE PTA PRESIDENT TO DIRECTOR OF PUBLIC EDUCATION.

EXHIBIT R4(Z) A TRUE COPY OF THE TREATMENT CERTIFICATE OF 4TH RESPONDENT DATED 19.8.11.

EXHIBIT R4(AA) A TRUE COPY OF THE MEDICAL CERTIFICATE OF 4TH RESPONDENT DATED 19.8.2011.

EXHIBIT R4(AB) A TRUE COPY OF THE STATEMENT GIVEN BY THE 4TH RESPONDENT TO ASI PUTHOOR POLICE.

WP(C).No.2905 OF 2012(K)

EXHIBIT R4(AC) A TRUE COPY OF THE ORDER NO.E3/4990/12 DATED 18.5.12.

EXHIBIT R4(AD) TRUE COPY OF THE LETTER DATED 14.4.11.

EXHIBIT R4(AE) TRUE COPY OF THE LETTER NO.L3/1193/2011 DATED 28.3.2011 SENT BY ASSISTANT DIRECTOR, V.H.S. EDUCATION, KOLLAM TO THE ACADEMIC HEAD OF THE SCHOOL.

EXHIBIT R4(AF) TRUE COPY OF THE NOTICE DATED 3.7.2012 ISSUED BY 4TH RESPONDENT.

EXHIBIT R4(AG) TRUE COPY OF THE MEETING CONDUCTED BY 4TH RESPONDENT.

OTHER EXHIBITS:

ANNEXURE I PHOTOGRAPHS OF ENTRANCE AND TWO GATES.

ANNEXURE II PHOTOGRAPHS OF CHEMISTRY LAB.

ANNEXURE IIA LIST OF MATERIALS FOR CHEMISTRY LAB.

ANNEXURE III PHOTOGRAPHS OF PHYSICS LAB.

ANNEXURE IIIA LIST OF MATERIALS FOR PHYSICS LAB.

ANNEXURE IV PHOTOGRAPHS OF OFFICE SECRETARYSHIP LAB.

ANNEXURE IVA LIST OF MATERIALS FOR OFFICE SECRETARYSHIP.

ANNEXURE V PHOTOGRAPHS OF CIVIL CONSTRUCTION LAB.

ANNEXURE VA LIST OF MATERIALS FOR CIVIL CONSTRUCTION.

ANNEXURE VI PHOTOGRAPHS OF COMPUTER LAB.

ANNEXURE VII PHOTOGRAPHS OF LIBRARY.

ANNEXURE VIII PHOTOGRAPHS OF WELLS AND WATER TANK.

ANNEXURE IX PHOTOGRAPHS OF OVER ALL VIEW OF BUILDINGS.

ANNEXURE X PHOTOGRAPHS OF BOY'S TOILET.

ANNEXURE XI PHOTOGRAPHS OF GIRL'S TOILET. WP(C).No.2905 OF 2012(K)

ANNEXURE XII PHOTOGRAPHS OF WIRING.

ANNEXURE XIII PHOTOGRAPHS OF HIGH SCHOOL CLASSES.

ANNEXURE XIV PHOTOGRAPHS OF HIGHER SECONDARY CLASSES.

ANNEXURE XV PHOTOGRAPHS OF OFFICE ROOMS OF MANAGER, PRINCIPAL IN CHARGE AND STAFF BATHROOM.