Kerala High Court
Alima E.T vs The State Of Kerala on 24 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
WEDNESDAY, THE 24TH DAY OF MARCH 2021 / 3RD CHAITHRA, 1943
WP(C).No.7647 OF 2021(E)
PETITIONERS:
1 ALIMA E.T
AGED 42 YEARS
WIFE OF HASSAN P.V., UPST, VHM HIGHER SECONDARY
SCHOOL, MORAYUR, MALAPPURAM DISTRICT-673642.
2 SADAKKATHULLA P.K.,
UPST, VHM HIGHER SECONDARY SCHOOL, MORAYUR,
MALAPPURAM DISTRICT-673642.
3 SANEESH K.TOMS,
UPST, VHM HIGHER SECONDARY SCHOOL, MORAYUR,
MALAPPURAM DISTRICT-673642.
4 DIVYA DAMODARAN,
UPST, VHM HIGHER SECONDARY SCHOOL, MORAYUR,
MALAPPURAM DISTRICT-673642.
5 ASIF MOHAMMED T.P.,
UPST, VHM HIGHER SECONDARY SCHOOL, MORAYUR,
MALAPPURAM DISTRICT-673642.
6 JAWAHAR MON B.,
JUNIOR LANGUAGE TEACHER (ARABIC), VHM HIGHER
SECONDARY SCHOOL, MORAYUR,
MALAPPURAM DISTRICT-673642.
7 FRANCIS P.S.,
UPST, VHM HIGHER SECONDARY SCHOOL, MORAYUR,
MALAPPURAM DISTRICT-673642.
8 JAIMOL THOMAS,
HST (HINDI), VHM HIGHER SECONDARY SCHOOL, MORAYUR,
MALAPPURAM DISTRICT-673642.
9 DEEPA P.,
HST (NATURAL SCIENCE), VHM HIGHER SECONDARY SCHOOL,
MORAYUR, MALAPPURAM DISTRICT-673642.
10 ANILKUMAR K.,
HST (SOCIAL SCIENCE), VHM HIGHER SECONDARY SCHOOL,
MORAYUR, MALAPPURAM DISTRICT-673642.
WP(C).No.7647 OF 2021(E)
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11 NOUSHADUL AMEEN M.C.,
HST (HINDI), VHM HIGHER SECONDARY SCHOOL, MORAYUR,
MALAPPURAM DISTRICT-673642.
12 BUSHRAMOL POTTAMMAL,
HST (HINDI), VHM HIGHER SECONDARY SCHOOL, MORAYUR,
MALAPPURAM DISTRICT-673642.
13 SUJATHA C.,
HST(PHYSICAL SCIENCE), VHM HIGHER SECONDARY SCHOOL,
MORAYUR, MALAPPURAM DISTRICT-673642.
14 SOUMYA P.M.,
HST(PHYSICAL SCIENCE), VHM HIGHER SECONDARY SCHOOL,
MORAYUR, MALAPPURAM DISTRICT-673642.
BY ADVS.
SRI.V.A.MUHAMMED
SRI.M.SAJJAD
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL
EDUCATION DEPARTMENT, SECRETARIAT ANNEXE-II,
THIRUVANANTHAPURAM-695001.
2 THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM-695014.
3 THE DEPUTY DIRECTOR OF EDUCATION,
DOWN HILL, MALAPPURAM-676519.
4 THE DISTRICT EDUCATIONAL OFFICER,
MALAPPURAM-676505.
5 THE MANAGER,
VHM HIGHER SECONDARY SCHOOL, MORAYUR,
MALAPPURAM DISTRICT-673642.
NISHA BOSE SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.7647 OF 2021(E)
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JUDGMENT
Dated this the 24th day of March 2021
This writ petition is filed seeking the following reliefs:
i) call for the records relating to Exhibits P4, P6 and
P8 and set aside the originals of the same by the issue of a
writ of certiorari or other appropriate writ or order.
ii) issue a writ of mandamus or appropriate writ,
order or direction commanding the 1st respondent to take a
decision on Exhibit P10 within a time limit, with notice to
the petitioners and keeping in abeyance any proceedings
in furtherance of Exhibit P8 in the while.
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 petitioners are teachers working in the 5th respondent school.
It is submitted that on the ground that bogus admissions were
found, the 3rd respondent has issued Ex.P8 communication to the
petitioners threatening disciplinary action as well as recovery from
their salary. It is submitted that this Court in the judgment
reported in Kishore v. State of Kerala 2019 (4) KLT 153 has held that
WP(C).No.7647 OF 2021(E)
unless there are specific grounds, the recovery from teachers of
loss caused to the Government due to bogus admissions would not
be sustainable. The Petitioners have approached the Government
with Ext.P10 appeal and seeks a consideration of the same.
Having heard the learned Government Pleader also, I am of
the opinion that Ext.P10 appeal preferred by the petitioners is
liable to be considered in accordance with law. There will,
accordingly, be a direction to the 1st respondent to take up,
consider and pass orders on Ext.P10 appeal preferred by the
petitioners with notice to the petitioners, Headmistress as well as
the Manager of the school within a period of three months from
the date of receipt of a copy of this judgment. Recovery of any
amounts pursuant to Ext.P8, shall be kept in abeyance till then.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
SVP
WP(C).No.7647 OF 2021(E)
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE NOTICE VIDE LETTER
NO.SC/63/2018/KKD DATED 15.05.2018
ISSUED BY THE DIRECTOR.
EXHIBIT P2 TRUE COPY OF THE REPLY FURNISHED BY THE
5TH RESPONDENT VIDE LETTER DATED
18.06.2018 TO THE DIRECTOR.
EXHIBIT P3 TRUE COPY OF THE REPLY FURNISHED BY THE
HEADMASTER VIDE LETTER DATED 20.06.2018
TO THE DIRECTOR.
EXHIBIT P4 TRUE COPY OF THE ORDER
NO.SC/63/2018/KKD DATED 31.12.2018
ISSUED BY THE DIRECTOR.
EXHIBIT P5 TRUE COPY OF THE APPEAL FILED BY THE
MANAGER BEFORE THE GOVERNMENT DATED
28.01.2019.
EXHIBIT P6 TRUE COPY OF THE G.O.
(RT)NO.2162/2019/G.EDN. DATED
06.06.2019.
EXHIBIT P7 TRUE COPY OF THE REVIEW PETITION DATED
17.06.2019 FILED BY THE 5TH RESPONDENT
BEFORE THE GOVERNMENT.
EXHIBIT P8 TRUE COPY OF THE SHOW CAUSE NOTICE
NO.B2/20228/2018 DATED 01.03.2021
ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P9 TRUE COPY OF THE DECISION REPORTED IN
2019(4)KLT 153.
EXHIBIT P10 TRUE COPY OF THE CONSOLIDATED APPEAL
PETITION DATED 08.03.2021 MOVED BY THE
PETITIONERS BEFORE THE GOVERNMENT.
