IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 25TH JUNE 2009 / 4TH ASHADHA 1931 WA.No. 1288 of 2007() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.19027/2006 Dated 01/03/2007 .................... APPELLANT/PETITIONER ------------------------ U.PADMINI, HEADMISTRESS, K.V.U.P.SCHOOL, KAKKADIPURAM, ALANGODE P.O., VIA.EDAPPAL, MALAPPURAM DISTRICT. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI RESPONDENTS/ RESPONDENTS -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. THE ASSISTANT EDUCATIONAL OFFICER, EDAPPAL. 4. THE MANAGER, K.V.U.P.SCHOOL, KAKKADIPURAM, ALANGODE P.O., VIA.EDAPPAL, MALAPPURAM DISTRICT. 5. SMT.C.VALSALA, LPSA, K.V.U.P. SCHOOL, KAKKIDIPURAM, ALANGODE P.O., EDAPPAL, MALAPPURAM 679 585. W.A.No.1288/2007 6. SMT.M.RESMI, W/O.K.RASAD, LPSA, K.V.U.P.SCHOOL, RESIDING AT KIZHEPPATT HOUSE, NANNAMUKKU P.O., CHANGARAMKULAM, MALAPPURAM-679 575. 7. SMT.P.NAJMA, LPSA, K.V.U.P.SCHOOL, KAKKIDIPURAM, ALANGODE P.O., MALAPPURAM- 679 585. ADV. SRI.SUDHEESH.A. FOR R4 SMT.C.V.BINDU FOR R4 SRI.G.KRISHNAKUMAR FOR R.7 SRI.C.D.DILEEP FOR R5 SENIOR GOVT.PLEADER, SRI.BENNY GERVASIS FOR R1 TO R3. THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 25/06/2009 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & C.T.RAVIKUMAR, JJ. -------------------------------- W.A.No. 1288 OF 2007 --------------------------------- Dated this the 25th day of June, 2009 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The writ petitioner is the appellant. The brief facts of the case are the following: The appellant is the Headmistress of an Upper Primary School managed by the 4th respondent. In her school for the year 2004-2005, 27 posts were sanctioned as per Ext.P1 staff fixation order. There were 20 class divisions also. Later, on the basis of the inspection of the Super Check Cell, bogus admissions were found and as per the direction of the said Cell 81 students were removed from the School. The same resulted in reduction of two teaching posts. The proceeding of the DPI, reducing the number of divisions from 20 to 18, is Ext.P2. In Ext.P2 there is an observation that the loss suffered by the exchequer, by reason of the additional sanction of two posts, can be recovered from the Headmistress. Feeling aggrieved by W.A.No.1288/2007 2 that, the petitioner moved the Writ Petition. The learned Single Judge dismissed the same and hence this appeal. 2. No provision has been brought to our notice, which enables the DPI while passing an order in the nature of Ext.P2 to order recovery from the Headmistress, the loss suffered by sanction of additional class divisions, given based on bogus admissions of students. It may be permissible to recover loss from the Headmistress as part of the disciplinary proceedings. So, no recovery shall be made from the appellant solely based on Ext.P2. We clarify this legal position and dispose of the Writ Appeal. If, in the disciplinary action, any recovery is ordered, the appellant will be free to resist it raising all the contentions available to her under law. The Writ Appeal is disposed of as above. (K.BALAKRISHNAN NAIR, JUDGE) (C.T.RAVIKUMAR, JUDGE) ps