Kerala High Court
Gireesh K.S vs State Of Kerala on 13 September, 2024
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WPC.No.29864/24 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
FRIDAY, THE 13TH DAY OF SEPTEMBER 2024 / 22ND BHADRA, 1946
WP(C) NO. 29864 OF 2024
PETITIONER:
GIREESH K.S.,
AGED 44 YEARS,
SREEVASAM HOUSE, CHINGAPURAM POST THIKKODI,
KOZHIKKODE, PIN - 673 529.
BY ADVS.
JOBY CYRIAC
KURIAN K JOSE
DEVIKA T.R.
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.
2 THE DIRECTOR OF GENERAL EDUCATION,
GENERAL EDUCATION DEPARTMENT, JAGATHI,
THIRUVANANTHAPURAM (FORMERLY DIRECTOR OF HIGHER
SECONDARY EDUCATION, THE DIRECTORATE OF HIGHER
SECONDARY EDUCATION, THIRUVANANTHAPURAM),
PIN - 695 014.
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WPC.No.29864/24 2
3 THE REGIONAL DEPUTY DIRECTOR,
HIGHER SECONDARY EDUCATION,
REGIONAL OFFICE, KOZHIKODE, PIN - 673 001.
4 RAHMANIYA HSS,
REPRESENTED BY ITS MANAGER,
AYANCHERY, KOZHIKODE, PIN - 672 541.
5 THE MANAGER,
RAHMANIYA HSS, AYANCHERY KOZHIKODE,
PIN - 672 541.
6 THE MAHATMA GANDHI KAASI VIDYAPITH,
REPRESENTED BY ITS DEPUTY REGISTRAR (ACADEMIC)
EXAMINATION DEPARTMENT, VARANASI,
UTTAR PRADESH, PIN - 221 002.
BY ADV.B Sajeevkumar
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 13.09.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WPC.No.29864/24 3
JUDGMENT
The petitioner earlier approached this Court by filing W.P.
(C) No.22722 of 2022, being aggrieved by the cancellation of
appointment of the petitioner as HSST in the School managed
by the 4th respondent. The reason for cancelling the
appointment was that M.Ed. Degree certificate issued by the 6 th
respondent University was not a genuine one. The 6 th
respondent University appeared before this Court and filed a
counter affidavit in the said writ petition, wherein they have
admitted that, the M.Ed Degree certificate produced by the
petitioner was genuine one and the petitioner passed M.Ed
examination conducted by the said University during June 3,
2018 (Roll No.19907409797 and Enrolment
No.KA2K15/32634071).
2. On the basis of the same, that writ petition was
disposed of, setting aside Ext.P3 order therein, by which the
appointment was cancelled with a direction to the 3rd
respondent to reconsider the matter in the light of the
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admission made by the 6th respondent University. In
compliance of the said direction, Ext.P16 order was passed by
the 3rd respondent rejecting the contention of the petitioner and
upholding the cancellation of appointment.
3. The only reason stated therein was that, the roll
number, enrollment number and year of passing mentioned in
the affidavit varies with the certificate produced by the
petitioner. It was in these circumstances that this writ petition
was submitted by the petitioner challenging the Ext.P16 order.
4. In response to the averments contained in the writ
petition, a counter affidavit has been placed on record by the 6 th
respondent University, wherein, in paragraph No.2, following
averments are made:
"2). The above writ petition is filed challenging
Exhibit Pl6 order issued by the 3rd respondent
confirming the decision to terminate the
petitioner; mainly on the ground that the Roll No.
And Enrolment No. as shown in the certificates
produced by the petitioner varies from that shown
in Exhibit Pl4 counter affidavit filed by this
respondent in W.P.(C). 22722/2022. It is most
respectfully submitted that the petitioner has
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passed Med Examination conducted by the
university during June 2017 and his Roll No. is
19900740097 and Enrolment No.
KA2K15/2634071. However, due to a clerical
error, the Roll No. Was mentioned as
19907409797 and enrolment No. As
KA2K15/32634071 and the year of taking the
examination as June 2018 in Exhibit P14 counter
affidavit. It is submitted that the same is only a
mistake which happened in the office of this
respondent while preparing the parawise
comments to be forwarded to the Counsel. It is
most respectfully submitted that the smae was
never intentional or deliberate. This respondent
hereby tenders unconditional apology for the
inconveniance caused to this Hon'ble Court in this
regard."
5. Thus, it is evident that, it was only a clerical error
and the University reiterated that the petitioner obtained a
valid degree from the said University.
In such circumstances, Ext.P16 is set aside with a
direction to the 3rd respondent to pass fresh orders taking note
of the above aspect. Orders in this regard shall be passed
within a period of one month from the date of receipt of a copy
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of this judgment. If the order is in favour of the petitioner, he
shall be reinstated immediately with all benefits available to
him.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
DG/13.9.24
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APPENDIX OF WP(C) 29864/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ORDER NO.A5/5974/2019/
KD IS DATED 29-06-2021 OF THE 3RD
RESPONDENT
Exhibit P2 TRUE COPY OF THE SALARY BILL OF THE
PETITIONER FOR THE MONTH JULY, 2021
Exhibit P3 TRUE COPY OF THE ORDER
NO.A5/5466/11/2021 DATED 29-6-2022 OF
THE 3RD RESPONDENT
Exhibit P4 TRUE COPY OF THE NOTICE DATED
06/07/2022 ISSUED BY THE 5TH RESPONDENT
Exhibit P5 TRUE COPY OF THE M.ED.CERTIFICATE DATED
27/11/2018 OF THE PETITIONER ISSUED BY
THE 6TH RESPONDENT UNIVERSITY
Exhibit P6 TRUE COPY OF THE STATEMENT OF MARKS OF
THE PETITIONER FOR THE 1ST SEMESTER OF
M.ED ISSUED BY THE 6 RESPONDENT
UNIVERSITY
Exhibit P7 TRUE COPY OF THE STATEMENT OF MARKS OF
THE PETITIONER FOR THE 2ND SEMESTER OF
M.ED ISSUED BY THE 6 RESPONDENT
UNIVERSITY
Exhibit P8 TRUE COPY OF THE STATEMENT OF MARKS OF
THE PETITIONER FOR THE 3RD SEMESTER OF
M.ED ISSUED BY THE 6 RESPONDENT
UNIVERSITY
Exhibit P9 TRUE COPY OF THE STATEMENT OF MARKS OF
THE PETITIONER FOR THE 4TH SEMESTER OF
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M.ED ISSUED BY THE 6 RESPONDENT
UNIVERSITY
Exhibit P10 TRUE COPY OF THE REQUEST DATED
22/06/2022 SUBMITTED BY THE PETITIONER
TO THE 6TH RESPONDENT UNIVERSITY
Exhibit P11 TRUE COPY OF THE ACKNOWLEDGMENT ISSUED
BY THE POSTAL DEPARTMENT VARANASI FOR
EXT P10
Exhibit P12 TRUE COPY OF THE BONAFIDE CERTIFICATE
DATED 27/06/2022 ISSUED BY THE DEPUTY
REGISTRAR OF THE 6TH RESPONDENT
UNIVERSITY
Exhibit P13 TRUE COPY OF THE VERIFICATION LETTER
HAVING REFERENCE NO. CONFIDENTIAL/9174/
VERIFICATION/2022 DATED 27-6-2022
Exhibit P14 TRUE COPY OF THE COUNTER AFFIDAVIT
FILED BY THE 6TH RESPONDENT UNIVERSITY
Exhibit P15 TRUE COPY OF THE JUDGMENT DATED
05/04/2024 IN WPC NO.22722/2022
Exhibit P16 TRUE COPY OF THE ORDER BEARING
NO.A5/5466/2021 DATED 27/07/2024 PASSED
BY THE 3RD RESPONDENT
