Achutha Varrier Memorial Higher ... vs The State Of Kerala
2022 Latest Caselaw 9078 Ker

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.

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

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