IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 5TH APRIL 2011 / 15TH CHAITHRA 1933 WP(C).No. 34366 of 2010(U) --------------------------------------- PETITIONER(S): ------------------------ 1. THE DEPARTMENTAL HIGHER SECONDARY SCHOOL TEACHERS' ASSOCIATION,REPRESENTED BY ITS PRESIDENT P.VENUGOPAL,PRINCIPAL,SKV GOVT.HIGHER SECONDARY SCHOOL,NEENDOOR,KOTTAYAM DISTRICT. 2. DR.SABUJI VARUGHESE,GENERAL SECRETARY, HSSTA,GOVT.H.S.S,THOTTAKKANAM,MUDIYOORKONAM.P.O, PANDALAM,PATHANAMTHITTA DISTRICT. BY ADV. SRI.V.C.JAMES RESPONDENT(S): -------------------------- 1. THE STATE OF KERALA,REPRESENTED BY ITS SECRETARY TO GOVERNMENT,GENERAL EDUCATION DEPARTMENT,SECRETARIAT,THIRUVANANTHAPURAM.675 001 2. THE SECRETARY TO GOVERNMENT, GENERAL ADMINISTRATION DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM.PIN- 675 001 3. THE DIRECTOR,HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDINGS,SANTHI NAGAR, THIRUVANANTHAPURAM.PIN-675 001 * ADDL.R4 IMPLEADED * ADDL.R4: THE SECRETARY TO GOVERNMENT, PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. * ADDL.R4 IMPLEADED AS PER ORDER DATED 24/2/2011 IN I.A.NO.3127/2011. R1 TO R4 BY GOVERNMENT PLEADER SMT. RANI DIOTHIMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.34366/2010 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE NOTICE DATED 16/7/2003 ISSUED BY THE FIRST RESPONDENT INVITING PETITIONER ASSOCIATION. P2 COPY OF THE ATTENDANCE CERTIFICATE DATED 6/9/2001 ISSUEDBY THE FIRST RESPONDENT. P3 COPY OF THE NOTICE DATED 27/9/2002. P4 COPY OF THE NOTICE DATED 27/12/2005. P5 COPY OF THE APPLICATION DATED 5/1/2006. P6 COPY OF THE LETTER NO.ACD.BI/20420/HSE/2001 DATED 11/1/2006 WITH HIS RECOMMENDATIONS. P7 COPY OF THE REPRESENTATION DATED 8/11/2006. P8 COPY OF THE REPRESENTATION DATED 22/5/2007 P9 COPY OF THE G.O.(RT) NO.166/2002/G.EDN DATED 24/6/2002. P10 COPY OF THE JUDGMENT DATED 23/10/2008 IN WP(C)NO.31613/2007 P11 COPY OF THE REFERENCE ORDER IN CONT.CASE(C) NO.934/2009. P12 COPY OF THE GOVT.ORDER NO.33/2020/GAD DATED 7/10/2010. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.34366 OF 2010 --------------------------------------- Dated this the 5th day of April, 2011. J U D G M E N T The petitioners are aggrieved by the order Ext.P12 passed by the additional 4th respondent whereby the request for recognition of their Association stands rejected. A reading of Ext.P12 shows that mainly it is pointed out that since complaints have been received with regard to the documents produced by the Association, further enquiries are required and thereafter only recognition can be granted in terms of the Government Service Conduct Rules. 2. Learned counsel for the petitioners submitted that none of the reasons stated are sustainable. It is pointed out that already the report of the Director of Higher Secondary Education was available with the Government. There is no mention about the details of the complainants before the Government in Ext.P12. There was no difficulty for the Government to conduct enquiries, if any, required also. Therefore, it is pointed out that the order Ext.P12 cannot be supported as it do not reflect any W.P.(C) No.34366/2010 2 decision on the merits of the matter. 3. The additional 4th respondent has filed a counter affidavit. In paragraph 7 it is pointed out that the Government has not granted recognition to any other association of HSSTs in the aided sector of Higher Secondary Education in the State. It is evident from the said paragraph that the Association has claimed a total membership of 3065. Even though reference is made about the receipt of certain complaints, no details have been stated in the counter affidavit. 4. It is evident from paragraph 8 of the counter affidavit that the order has been passed hurriedly to avoid the proceedings in CC 934/2009. Paragraph 8 will show that the verification report of Director of Higher Secondary Education has been received by the department on 02.09.2010. It is expressly stated that so as to avoid contempt proceedings, the order has been passed declining recognition. 5. Even though it is stated that there are reasonable grounds for rejection, none of them have been stated in Ext.P12. The pendency of any complaint in the matter cannot be a ground W.P.(C) No.34366/2010 3 to reject the application for recognition. If at all a complaint was there, the details of the same could have been disclosed to the petitioner seeking their objection or comments in the matter. The circumstances show that even in the counter affidavit, the details of the complainants or the complaints have not been stated. They only appear to be of a general nature alone. Therefore, there is some force in the argument of the learned counsel for the petitioners that reference to the complaints is only a pretext to reject the application. Hence, Ext.P12 cannot be supported and accordingly it is quashed. There will be a direction to the Government to take a fresh decision in the matter, if necessary by calling for any additional report from the Director of Higher Secondary Education within a period of four months from the date of receipt of a copy of this judgment. The petitioners will be heard before a decision is taken in the matter. This writ petition is allowed as above. No costs. T.R. RAMACHANDRAN NAIR JUDGE smp