Kerala High Court
Manager vs State Of Kerala on 1 November, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
FRIDAY, THE 1ST DAY OF NOVEMBER 2024 / 10TH KARTHIKA, 1946
WP(C) NO. 29353 OF 2023
PETITIONER/S:
MANAGER
CHEMBILODE HIGHER SECONDARY SCHOOL , THALAVIL,
PODUVACHERRY PO, KANNUR-670 621 SREEJA.K, W/O.VALSAN
MATATHIL, AGED 53 YEARS MATATHIL HOUSE, CHOWA PO,
KANNUR-, PIN - 670006
BY ADVS.
K.MOHANAKANNAN
H.PRAVEEN (KOTTARAKARA)
RESPONDENT/S:
1 STATE OF KERALA, REPRESENTED BY SECRETARY TO
GOVERNMENT, GENERAL EDUCATION DEPARTMENT,
THIRUVANANTHAPURAM-, PIN - 691001
2 THE DIRECTOR OF GENERAL EDUCATION,
OFFICE OF THE DIRECTORATE OF GENERAL EDUCATION,
JAGATHI, THIRUVANANTHAPURAM-, PIN - 695014
3 THE DEPUTY DIRECTOR OF EDUCATION,
PUZHATHI HOUSING COLONY, KANNUR,, PIN - 670002
4 DISTRICT EDUCATIONAL OFFICER,
THAVAKKARA, KANNUR, -, PIN - 670002
5 THE ASST. ENGINEER, LSGD, CHEMBILODU GRAMA PANCHAYAT,
MOWANCHERRY PO, KANNUR-, PIN - 670613
Adv. Premchand R Nair, Sr. G.P
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) NO. 29353 OF 2023
2
JUDGMENT
The petitioner is the manager of an aided
school, and he has approached this court, being
aggrieved by the staff fixation order reducing
divisions in the school, on the reason that he
failed to produce a fitness certificate. The
reliefs sought in this writ petition are as
follows:
(i) To issue a Writ of mandamus or any
other appropriate Writ order or direction
4th Respondent District Educational
Officer to treat Ext.P6 as a fitness
certificate issued on 30-5-2023 and pass
consequential orders within a time frame
to be fixed by this Hon'ble Court;
(ii) To issue a Writ of mandamus or any
other appropriate Writ order or direction
directing the 4° Respondents to permit the
Petitioner to upload Ext.P6 fitness
certificate in the Samanwaya portal or in
the alternative accept the same manually
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WP(C) NO. 29353 OF 2023
and pass appropriate orders within a time
frame to be fixed by this Hon'ble Court;
(iii) To issue a Writ of mandamus or any
other appropriate Writ order or direction
directing the 4*° Respondent not to issue
staff fix order in respect of the
Petitioners school until Ext.P6 is accepted
and orders passed;
(iv) To issue a Writ of mandamus or any
other appropriate Writ order or direction
directing the 4 Respondent to treat the
additional fitness certificate Ext.P6 as a
fitness certificate issued on 30-5-2023 and
to pass consequential orders within a time
frame to be fixed by this Hon'ble Court;
(v) To issue a Writ of mandamus or any other
appropriate Writ order or direction 5
Respondent to issue a fitness certificate
showing the date as 30-5-2023 and
consequentially direct the 4 Respondent to
accept the same and issue staff fixation
orders accordingly within a time frame to be
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WP(C) NO. 29353 OF 2023
fixed by this Hon'ble Court;
(vi) To dispense with filing of the translation
of vernacular documents;
(vii) To grant such other and further reliefs
as are just, proper and necessary in the facts
and circumstances of the case.
2. As far as Ext.P6 fitness
certificate issued for the academic year 2023-
2024 is concerned, the learned counsel for the
petitioner brought the attention of this court,
to Ext.P6 fitness certificate issued on
29.07.2023, which was in fact a certificate
issued in addition to the certificate already
issued on 30.05.2023 for the same academic
year. Besides, today, when the came up for
consideration, the learned counsel for the
petition also brought the attention of this
court to the Ext.P9 fitness certificate, which
is issued for the academic 2024-2025. It was
pointed out that, the staff fixation order is
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WP(C) NO. 29353 OF 2023
to be reconsidered in the light of the fitness
certificates. The learned counsel for the
petitioner further pointed out that as per
Ext.P10, the liability of Rs.2,32,96,550/- was
also fixed upon the head of the institution in
view of the fact that vide interim order passed
in this case, this court stayed Ext.P7 staff
fixation order.
3. After hearing the learned counsel
for the petitioner and the learned Government
Pleader, I am of the view that, in the light of
Ext.P6 and Ext.P9, the staff fixation order
issued pertaining to the aforesaid orders is to
be reconsidered. As pointed out by the learned
counsel for the petitioner, Ext.P6 was a
fitness certificate issued in addition to the
fitness certificate already issued in time.
In such circumstances, this writ petition
is disposed of directing the fourth respondent
to reconsider the staff fixation orders for the
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WP(C) NO. 29353 OF 2023
academic years 2023-2024 and 2024-2025, by
taking into account Ext.P6 and Ext.P9.
Necessary orders in this regard shall be passed
within a period of one month from the date of
receipt of a copy of this judgment.
sd/-
ZIYAD RAHMAN A.A, JUDGE
R.AV
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WP(C) NO. 29353 OF 2023
APPENDIX OF WP(C) 29353/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE STAFF FIXATION
ORDER NO.B1/43802/2022 DATED 20-8-
2022 ISSUED BY THE 4TH RESPONDENT
Exhibit P2 TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER BEFORE
THE 5TH RESPONDENT DATED 31-3-2023
WITH CHALAN
Exhibit P3 TRUE COPY OF THE COMMUNICATION
DATED NIL GIVEN BY THE 5TH
RESPONDENT
Exhibit P4 TRUE COPY OF THE FITNESS
CERTIFICATE ISSUED BY THE 5TH
RESPONDENT FOR THE ACADEMIC YEAR
2023-24 DATED 30-5-2023 IN RESPECT
OF HIGH SCHOOL SECTION
Exhibit P5 TRUE COPY OF THE FITNESS
CERTIFICATE ISSUED BY THE 5TH
RESPONDENT FOR THE ACADEMIC YEAR
2023-24 DATED 31-5-2023 IN RESPECT
OF HIGHER SECONDARY SCHOOL SECTION
Exhibit P6 TRUE COPY OF THE FITNESS
CERTIFICATE ISSUED BY THE 5TH
RESPONDENT DATED 29-7-2023
Exhibit P7 TRUE COPY OF THE STAFF FIXATION
ORDER NO.D.T.B1/59552/2023 DATED
5-9-2023 OF THE DISTRICT
EDUCATIONAL OFFICER, KANNUR
Exhibit P8 TRUE COPY OF THE APPEAL FILED BY
THE PETITIONER BEFORE THE 3 RD
RESPONDENT DATED 06/09/2023
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WP(C) NO. 29353 OF 2023
Exhibit P9 TRUE COPY OF THE FITNESS
CERTIFICATE DATED 30-5-2024 ISSUED
FOR THE YEAR 2024-25
Exhibit P10 TRUE COPY OF THE INTERNAL AUDIT
REPORT OF THE DEPUTY DIRECTOR OF
EDUCATION, KANNUR IN RESPECT OF
THE PETITIONER'S SCHOOL DATED 12-
8-2024
