Kerala High Court
Ajosh K.B vs The Director Of General Education on 21 May, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
WP(C) NO. 18136 OF 2024
PETITIONER/S:
AJOSH K.B
AGED 50 YEARS
S/O. K.V. BHASKARAN, PRINCIPAL, CHERPU HIGHER
SECONDARY SCHOOL, SCHOOL CODE 8205, CHERPU - P.O.,
THRISSUR DISTRICT, RESIDING AT KURINJIKADAN HOUSE,
P.O - KUTTICHIRA, THRISSUR DISTRICT, PIN - 680561
BY ADVS.
VINOD MADHAVAN
M.V.BOSE
SANIYA C.V.
RESPONDENT/S:
1 THE DIRECTOR OF GENERAL EDUCATION
HOUSING BOARD BUILDING, SHANTHI NAGAR,
THIRUVANNATHAPURAM, PIN - 695001
2 THE JOINT DIRECTOR OF EDUCATION
HOUSING BOARD BUILDING, SHANTHI NAGAR,
THIRUVANNATHAPURAM, PIN - 695001
3 THE REGIONAL DIRECTOR OF EDUCATION
S.R.V SCHOOL COMPLEX, ERNAKULAM, PIN - 682011
4 THE MANAGER
C.N.N HIGHER SECONDARY SCHOOL, SCHOOL CODE 8205,
CHERPU - P.O., THRISSUR, PIN - 680561
OTHER PRESENT:
ADV SAROJINI K G -GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 21.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.C No. 18136 of 2024
2
JUDGMENT
The petitioner, who is now working as the Principal in the
school managed by the 4th respondent has approached this
Court seeking the following reliefs.
"(i) call for the entire records which led to Exhibit P1 and quash
the same by the issuance of a writ in the nature of certiorari
or any other appropriate writ, direction or order;
(ii) issue a writ in the nature of mandamus or any other
appropriate writ, direction of order commanding the 2 nd
respondent to consider Exhibit P2 and take a fresh decision
in the issue by maintaining status quo;
(iii) dispense with filing of the English translation of vernacular
documents.
(iv) pass such other order or direction which this Hon'ble Court
may deem fit and proper to grant in the circumstances of
the case;
And
(v) award the petitioner the costs of this proceeding."
2. The grievances of the petitioner is centered around
Ext.P1 order issued by the 2nd respondent, directing the 4th
respondent-Manager to initiate disciplinary proceedings against
the petitioner, in connection with certain alleged anomalies in
furnishing the details of certain appointments made in the
school. The specific case of the petitioner is that Ext.P1 was
issued, without giving the petitioner any opportunity to explain
and Ext.P2 has been submitted by him before the 2nd
respondent, explaining the matters relating to the allegations
raised in Ext.P1. The limited prayer sought by the petitioner is
that, before taking further action on Ext.P1, a decision on Ext.P2
may be taken after affording the petitioner an opportunity for
being heard.
3. After hearing the learned counsel for the petitioner
and the learned Government Pleader, I am of the view that the
writ petition can be disposed of. This is particularly because,
the learned Government Pleader upon instruction submits that
the petitioner can be granted an opportunity for being heard.
In such circumstances, this writ petition is disposed of
directing the 2nd respondent to take up Ext.P2 and appropriate
orders thereon be passed after hearing the petitioner, the 5 th
respondent and other affected parties, if any. A decision
thereon shall be taken within a period of one month from the
date of receipt of a copy of this judgment. It is further ordered
that, until such a decision is taken, further proceedings pursuant
to Ext.P1 shall be kept in abeyance.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
rpk
APPENDIX OF WP(C) 18136/2024
PETITIONER EXHIBITS
Exhibit P 1 A TRUE COPY OF THE ORDER DATED
06.05.2024 ISSUED BY THE 2 ND
RESPONDENT
Exhibit P 2 A TRUE COPY OF THE REPRESENTATION DATED
NIL PREFERRED BY THE WRIT PETITIONER
BEFORE THE 2 ND RESPONDENT
