Ajithakumari A.R vs State Of Kerala
2023 Latest Caselaw 3786 Ker

WP(C) NO. 38111 OF 2022              1




                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
    THURSDAY, THE 30TH DAY OF MARCH 2023 / 9TH CHAITHRA, 1945
                          WP(C) NO. 38111 OF 2022
PETITIONER/S:

      1        AJITHAKUMARI A.R.
               AGED 51 YEARS
               W/O. V. K. SURESH KUMAR, HEADMISTRESS, SREE NARAYANA
               VILASOM H.S.S., PANAYARA, VARKALA,
               THIRUVANANTHAPURAM DISTRICT, RESIDING AT PUTHOORAM,
               ENCHAKKAL LANE, SAARKARA, THIRUVANANTHAPURAM -
               695104.

      2        SINDHUKUMARI C. S.,
               W/O.JAYAN PILLAI A.R., AGED 53 YEARS, HEADMISTRESS,
               SREE SARADAVILASOM GIRLS H.S.S., SAARKARA,
               CHIRAYINKEEZHU, THIRUVANANTHAPURAM, RESIDING AT
               NEELAMBARI, RRBRA, B-7, BYE PASS NAGAR, ATTINGAL,
               THIRUVANANTHAPURAM - 695101.

               BY ADVS.
               R.S.KALKURA
               M.S.KALESH
               HARISH GOPINATH
               R.BINDU
               P.I.NAJUMAL HUSSAIN
               GEORGE AUGUSTINE
               SILPA S.



RESPONDENT/S:

      1        STATE OF KERALA
               REPRESENTED BY THE SECRETARY, GENERAL EDUCATION,
               GOVERNMENT OF KERALA, SECRETARIAT,
 WP(C) NO. 38111 OF 2022           2




               THIRUVANANTHAPURAM-695001.

      2        THE SECRETARY
               GENERAL EDUCATION, GOVERNMENT OF KERALA,
               SECRETARIAT, THIRUVANANTHAPURAM-695001.

      3        THE DIRECTOR OF GENERAL EDUCATION,
               (FORMERLY DIRECTOR OF HIGHER SECONDARY EDUCATION)
               GOVERNMENT OF KERALA, DPI, JAGATHY,
               THIRUVANANTHAPURAM-695014.

      4        DEPUTY DIRECTOR OF GENERAL EDUCATION,
               OFFICE OF THE DEPUTY DIRECTOR OF GENERAL EDUCATION,
               KILLIPPALAM, CHALAI, THIRUVANANTHAPURAM - 695 036.

      5        DISTRICT EDUCATIONAL OFFICER
               DEO OFFICE, ATTINGAL, THIRUVANANTHAPURAM - 695001.

      6        ASSISTANT EDUCATIONAL OFFICER
               AEO OFFICE, CIVIL STATION, ATTINGAL,
               THIRUVANANTHAPURAM - 695101.

               BY ADV ADVOCATE GENERAL OFFICE KERALA



OTHER PRESENT:

               SMT.NISHA BOSE, SR.GP




       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 38111 OF 2022               3




                       P.V.KUNHIKRISHNAN, J
                   ---------------------------------------
                     W.P.(C) No. 38111 of 2022
                    --------------------------------------
               Dated this the 30th day of March, 2023


                                JUDGMENT

The above writ petition is filed with following prayers :

i) "Declare that Exhibits P22 is grossly illegal and wrong and violative of principles of natural justice, equity good conscience and law.

ii) Issue a Writ of Certiorari or any other appropriate writ or order or direction of the nature of Certiorari quashing Exhibit- P22 as grossly illegal and wrong.

(iii) Grant such other relief which are appropriate and incidental to this proceedings." [SIC]

2. The writ petition is filed mainly challenging Ext.P22

order passed by the 4th respondent. As per Ext.P22, certain

liabilities were fixed on the petitioners for non production of

adequate documents by the petitioners even though sufficient

time is granted. The liability is fixed in connection with the

alleged irregularity in the noon meal project in the schools in

which the petitioners were working now. Aggrieved by Ext.P22,

this writ petition is filed.

3. Heard the learned counsel for the petitioner and the

learned Government Pleader.

4. When this writ petition came up for consideration,

this Court stayed recovery based on Ext.P22 order. That stay

order is in force even now.

5. Today, when the matter came up for consideration,

the learned Government Pleader submitted that the 4 th

respondent granted sufficient opportunity to the petitioners to

produce documents to show that there is no liability on the part

of the petitioners and since the same is not produced, the 4 th

respondent has no other way except to pass Ext.P22 order. The

counsel for the petitioners submitted that if one more

opportunity is given, the petitioners will be able to substantiate

their case. If that is the case, the petitioners can be allowed to

file a fresh representation producing adequate supporting

documents to show that the liabilities fixed in Ext.P22 is not

correct. If such a representation is received, there can be a

direction to the 4th respondent to consider the same with notice

to the petitioners within a time frame. Till final orders are

passed, the recovery based on Ext.P22 can be deferred.

Therefore, this writ petition is disposed of with the

following directions :

1) The petitioners are free to submit a representation before

the 4th respondent with adequate supporting documents

against the recovery ordered in Ext.P22 within one month

from the date of receipt of a stamped certified copy of this

judgment.

2) Once such a representation along with the stamped

certified copy of this judgment with a copy of this writ

petition is received, the 4th respondent will consider the

representation along with the supporting documents and

contentions and pass appropriate orders in it, after giving

an opportunity of hearing to the petitioners as

expeditiously as possible, at any rate, within four months

from the date of receipt of the representation.

3) Till final orders are passed by the 4th respondent, recovery

based on Ext.P22 is deferred.

Sd/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 38111/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE ORDER NO. DT/B6/6425/2019 (D) DATED 10/12/2019 ISSUED BY THE 5TH RESPONDENT FIXING THE STUDENTS STRENGTH IN RESPECT OF SREE SARADA VILASOM GIRL'S HIGH SCHOOL FOR THE ACADEMIC YEAR 2017-2018

Exhibit P2 TRUE COPY OF THE ORDER NO. DT/B6/3573 (1)/2017 DATED 12/12/2017 ISSUED BY THE 5TH RESPONDENT FIXING THE STUDENTS STRENGTH IN RESPECT OF SREE CHITRA VILASOM BOY'S HIGH SCHOOL FOR THE ACADEMIC YEAR 2017-2018

Exhibit P3 TRUE COPY OF THE REMARKS ENTERED IN THE INSPECTION DIARY MAINTAINED BY SREE SARADA VILASOM GIRLS HIGH SCHOOL, SARKARA, CHIRAYINKEEZH BY THE NOON MEAL SUPERVISOR DATED 20/06/2017 AND 21/06/2017

Exhibit P4 TRUE COPY OF THE REMARKS ENTERED BY THE NOON MEAL SUPERVISOR DATED 20/06/2017 AND 21/06/2017 IN THE INSPECTION DIARY MAINTAINED BY SREE CHITHRA VILASOM BOYS HIGH SCHOOL, SARKARA, CHIRAYINKEEZH.

Exhibit P5 TRUE COPY OF THE RELEVANT PAGES NOON MEAL DIARY DAY ATTENDANCE REGISTER (K2 REGISTER) MAINTAINED AT SREE SARADA VILASOM GIRLS HIGH SCHOOL FOR THE PERIOD DECEMBER 2017

Exhibit P6 TRUE COPY OF THE RELEVANT PAGES NOON MEAL DIARY DAY ATTENDANCE REGISTER (K2 REGISTER) MAINTAINED AT SREE CHITHRA VILASOM BOYS HIGH SCHOOL, SARKARA, CHIRAYINKEEZH FOR THE PERIOD OF DECEMBER,

Exhibit P7 TRUE COPY OF REPRESENTATION DATED 10/01/2018 SUBMITTED BY THE PRESIDENT OF THE PARENTS TEACHERS ASSOCIATION OF SREE SARADA VILASOM GIRLS HIGH SCHOOL, SARLARA, CHIRAYINKEEZH, SREE CHITHRA VILASOM BOYS HIGH SCHOOL, SARKARA, CHIRAYINKEEZH AND SREE CHITHIRA VILASOM LOWER PRIMARY SCHOOL, SARKARA, CHIRAYINKEEZH

Exhibit P8 TRUE COPY OF THE REPORT OF THE DEPUTY SUPERINTENDENT OF VIGILANCE AND ANTI- CORRUPTION BUREAU, THIRUVANANTHAPURAM, NO.E2(PE2/2018/ TVM) 5522/2018 DATED 05/05/2018.

Exhibit P9 TRUE COPY OF THE AUDIT REPORT ALONG WITH THE COVERING LETTER NO.B(6)/18798/2018 DATED 21/08/2018

Exhibit P10 TRUE COPY OF THE PROCEEDINGS ISSUED BY THE DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM NO.B(6)/27927/2016 DATED 13/06/2018

Exhibit P11 TRUE COPY OF THE COMMUNICATION NO. N.M.

(B)3/93374/17/DPI DATED 03/04/2019 ISSUED BY THE 3RD RESPONDENT

Exhibit P12 TRUE COPY OF THE REPRESENTATION DATED NIL SUBMITTED BY THE PETITIONERS BEFORE THE 3RD RESPONDENT

Exhibit P13 TRUE COPY OF THE ORDER NO.B(6)27927/2016 DATED 28/09/2020 ISSUED BY THE 4TH RESPONDENT.

Exhibit P14 TRUE COPY OF THE REVISION PETITION DATED 28/11/2020 SUBMITTED BY THE PETITIONERS

BEFORE THE 4TH RESPONDENT.

Exhibit P15 TRUE COPY OF THE JUDGMENT DATED 10/02/2021 IN WP(C) NO.3353/2021

Exhibit P16 TRUE COPY OF THE ORDER GO(RT) NO.

3044/2021/GEDN DATED 17/06/2021 ISSUED BY THE 1ST RESPONDENT

Exhibit P17 TRUE COPY OF THE JUDGMENT DATED 12/01/2022 IN WP(C) NO.17635/2021 OF THIS HON'BLE COURT

Exhibit P18 TRUE COPY OF THE HEARING NOTICE NO.B6/27927/2017 DATED 01/08/2022 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONERS

Exhibit P19 TRUE COPY OF THE HEARING NOTE DATED 25/08/2022 SUBMITTED BY THE PETITIONERS BEFORE THE 4TH RESPONDENT

Exhibit P20 TRUE COPY OF THE ORDER DATED 18/05/2022 IN CRL. MP NO.142/2018 OF THE COURT OF THE ENQUIRY COMMISSIONER AND SPECIAL JUDGE, THIRUVANANTHAPURAM

Exhibit P21 TRUE COPY OF THE ORDER DATED 18/05/2022 IN CRL. MP NO.605/2019 OF THE COURT OF THE ENQUIRY COMMISSIONER AND SPECIAL JUDGE, THIRUVANANTHAPURAM

Exhibit P22 TRUE COPY OF THE ORDER NO. NM1/9330/ 2022/DDETVPM DATED 08/11/2022 ISSUED BY THE 4TH RESPONDENT