G.Rex, S/O.Late Gurudas vs State Of Kerala
2024 Latest Caselaw 10452 Ker

Citation : 2024 Latest Caselaw 10452 Ker
Judgement Date : 11 April, 2024

Kerala High Court

G.Rex, S/O.Late Gurudas vs State Of Kerala on 11 April, 2024

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
    THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
                        WP(C) NO. 15026 OF 2024
PETITIONER:

          G.REX, S/O.LATE GURUDAS
          AGED 55 YEARS
          MANAGER, L.P.G.S., VELIYAM, KOTTARAKKARA, KOLLAM,
          RESIDING AT LITTLE DALE, VELIYAM P.O., KOTTARAKKARA,
          KOLLAM, PIN - 691540

          BY ADVS.
          B.MOHANLAL
          P.S.PREETHA
          ASWIN V. NAIR
          JAYAPRABHA ARJUN
          BLESSY MARY SEBASTIAN
          PRAVEENA T.


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,
          GENERAL EDUCATION DEPARTMENT, SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695001

    2     THE DIRECTOR OF GENERAL EDUCATION
          GENERAL EDUCATION DEPARTMENT, JAGATHY,
          THIRUVANANTHAPURAM, PIN - 695014

    3     THE DEPUTY DIRECTOR OF EDUCATION
          GENERAL EDUCATION DEPARTMENT, THEVALLY P.O.,
          KOLLAM, PIN - 691009

    4     THE ASSISTANT EDUCATIONAL OFFICER
          VELIYAM, VELIYAM P.O., KOTTARAKKARA, KOLLAM,
          PIN - 691540

          ADV NISHA BOSE-GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 15026 OF 2024
                                 2

                            JUDGMENT

The petitioner, who is the Manager of L.P.G.S., Veliyam, has

approached this Court challenging Ext.P12 order passed by the 2nd

respondent. As per Ext.P12 order, it was found that, the petitioner

had made bogus admission in the school, to get over the inspection

conducted on the 6th working day of the commencement of the

academic year. The said admissions were detected by the Super

Check Cell during the inspection conducted on tow occasions. On

the basis of the same, the Cell recommended to cancel one division

and to initiate proceedings against the persons concerned. The

challenging the same, the petitioner has approached the 1st

respondent by filing Ext.P13, which is now pending consideration.

2. After hearing the learned counsel for the petitioner and

the learned Government Pleader, I am of the view that, since the

petitioner has invoked the statutory remedy by filing Ext.P13,

which is now pending before the 1st respondent, it is only proper

that the said authority takes a decision thereon as expeditiously as

possible.

WP(C) NO. 15026 OF 2024

In such circumstances, this writ petition is disposed of

directing the 1st respondent to take up Ext.P13, and to pass

appropriate orders thereon, in accordance with law, within a period

of four months from the date of receipt of copy of this judgment

after hearing the petitioner. As far as the prayer for interim order

staying the operation of Ext.P12 order is concerned, I am of the

view that, the petitioner may move the 1st respondent for

appropriate orders in this regard, and in case any such application is

submitted and pending, the same shall be considered by the 1st

respondent, within a period of three weeks from the date of receipt

of a copy of this judgment.

Sd/-

ZIYAD RAHMAN A.A. JUDGE scs WP(C) NO. 15026 OF 2024

APPENDIX OF WP(C) 15026/2024

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE STAFF FIXATION ORDER NO.F/61480/2023 DATED 22.08.2023 ISSUED BY THE 4TH RESPONDENT Exhibit P2 THE TRUE COPY OF THE APPROVAL ORDER NO. NO.F/56150/2023 DATED 02.12.2023 ISSUED BY THE 4TH RESPONDENT Exhibit P3 THE TRUE COPY OF THE NOTICE NO.SC(1)/1688664/2923/DEG DATED 02.12.2023 ISSUED BY THE 3RD RESPONDENT TO THE 5TH RESPONDENT Exhibit P4 THE TRUE COPY OF THE 6TH WORKING DAY REPORT IN RESPECT OF THE SCHOOL FOR THE ACADEMIC YEAR 2023-24 OF GLPS VELIYAM Exhibit P5 THE TRUE COPY OF THE UID REPORT OF LPGS VELIYAM IN CLASS II DIVISION A TO D Exhibit P6 THE TRUE COPY OF THE REPLY DATED 29.12.2023 SUBMITTED BY THE PETITIONER THROUGH THE HEADMISTRESS OF THE SCHOOL Exhibit P7 THE TRUE COPY OF THE ORDER NO.AEOVLY/35/2024-F DATED 12.01.2024 ISSUED BY THE 4TH RESPONDENT Exhibit P8 THE TRUE COPY OF THE HEARING NOTICE NO.SC(1) 1688664/2023/DGE DATED 04.03.2024 ISSUED BY THE 2ND RESPONDENT Exhibit P9 THE TRUE COPY OF THE HEARING NOTE DATED 12.03.2024 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P10 THE TRUE COPY OF THE HEARING NOTE DATED 11.03.2024 SUBMITTED BY THE HEADMISTRESS, LPGS, VELIYAM BEFORE THE 2ND RESPONDENT Exhibit P11 THE TRUE COPY OF THE GOVERNMENT ORDER GO(P) NO.29/2016 DATED 29.01.2016 Exhibit P11(a) THE TRUE COPY OF THE ABOVE GOVERNMENT ORDER AS PER G.O(P) NO.5/2022/G.EDN WP(C) NO. 15026 OF 2024

DATED 18.04.2022 Exhibit P12 THE TRUE COPY OF THE ORDER NO.

                  SC(2)/1688664/2023/DGE             DATED
                  23.03.2024    ISSUED    BY    THE    2ND
                  RESPONDENT
Exhibit P13       THE TRUE COPY OF THE MEMORANDUM OF

REVISION DATED 01.04.2024 AND THE POSTAL RECEIPT DATED 02.04.2024 SUBMITTED BY THE PETITIONER Exhibit 14 THE TRUE COPY OF THE ORDER NO:AEOVLY/29/2024 F DATED 27/03/2024 ISSUED BY THE 4TH RESPONDENT TO THE 5TH RESPONDENT