IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 24TH AUGUST 2011 / 2ND BHADRA 1933 WP(C).No. 15643 of 2011(E) --------------------- PETITIONER : --------------------- THE MANAGER, SREE SETHU PARVATHI BHAI HIGH SCHOOL, KADAKKAVOOR - 696306, THIRUVANANTHAPURAM. BY ADV. SRI.P.N.MOHANAN RESPONDENT(S): ------------------------- 1. DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001. 2. DISTRICT EDUCATIONAL OFFICER, ATTINGAL-695101, THIRUVANANTHAPURAM. 3. DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM-695001. 4. GOVERNMENT OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001. R1 TO R4 BY GOVERNMENT PLEADER SMT. NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 15643 of 2011(E) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE STAFF FIXATION ORDER DATED 1.3.2010 OF THE DISTRICT EDUCATION OFFICER. EXT.P2 : COPY OF THE REQUEST OF THE AL-BURKHAN COLLEGE DATED 15.9.2009. EXT.P3 : COPY OF THE SHOW CAUSE NOTICE DATED 19.5.2010 OF THE DIRECTOR OF PUBLIC INSTRUCTION. EXT.P4 : COPY OF THE OBJECTION FILED BY THE PETITIONER DATED 11.6.2010. EXT.P5 : COPY OF THE LIST OF PROMOTEES TO THE HIGHER CLASSES PRODUCED ALONG WITH THE APPEAL AS APPROVED BY THE DISTRICT EDUCATION OFFICER. EXT.P6 : COPY OF THE INSPECTION REPORT OF THE HIGHER LEVEL VERIFICATION OFFICER. EXT.P7 : COPY OF THE LIST OF STUDENTS. EXT.P8 : COPY OF THE ORDER OF THE DIRECTOR OF PUBLIC INSTRUCTION. EXT.P9 : COPY OF THE INTERIM ORDER DATED 22.7.2010 IN WPC 22855/10. EXT.P10 : COPY OF THE JUDGMENT DATED 22.3.2011 IN WP(C) NO. 22855/2010. EXT.P11 : COPY OF THE ORDER DATED 26.5.2011 1ST RESPONDENT. EXT.P12 : COPIES OF THE SCHOOL LEAVING CERTIFICATE WITH PHOTOGRAPH OF THE 14 STUDENTS. EXT.P13 & EXT.P14 COPIES OF THE PROCEEDINGS ISSUED BY THE GOVERNMENT AND DIRECTOR OF PUBLIC INSTRUCTION, DATED 10.11.2009 AND 9.10.1990. EXT.P15 COPY OF THE JUDGMENT DATED 6.7.09 IN WP(C) NO. 8162/09. EXT.P16 COPY OF THE JUDGMENT DATED 25.6.2009 IN W.A. 1288/07. (Contd...) WP(C).No. 15643 of 2011(E) EXT.P17 COPY OF THE REVISION PETITION DATED 10.6.2011 BEFORE THE GOVERNMENT ON 13.6.2011. EXT.P18 COPY OF THE DETAILS OF THE STUDENTS STUDYING IN HIGHER CLASSES WITH PHOTOGRAPHS AND THEIR ADDRESS AND STANDARDS. EXT.P19 COPY OF THE TC ISSUED IN RESPECT OF ASHAR A., NEERAJA RAJ, PRAVEEN KUMAR V. AND ARYA S. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.S. TO JUDGE Mn T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.15643/2011-E ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 24 th day of August, 2011 J U D G M E N T The petitioner is the Manager of an Aided School. Aggrieved by Ext.P11 order, this writ petition has been filed. In Ext.P11 order, the Director of Public Instruction found that 142 students were admitted by bogus method. Accordingly, directions were issued with regard to the revision of staff. There is a further direction to recover the salary paid to the teachers, from the Headmistress of the school. For realising the same also directions have been issued to the Deputy Director of Education. Ext.P17 is the revision petition filed by the petitioner before the Government. 2. By interim order dated 30/06/2011, this Court directed the third respondent to conduct a visit of the school and ascertain whether the students mentioned in Exts.P18 and P19 are studying in the school. Accordingly, the third respondent has conducted a visit and has furnished a report before this Court along with a memo filed on 09/08/2011. W.P.(C). No.15643/2011 -:2:- 3. Various details have been shown in the report which, according to the learned counsel for the petitioner, will justify the contentions raised by the petitioner. The names and details of 30 students have been mentioned who were personally identified as studying now in the school. 4. Therefore, it is upto the Director of Public Instruction to consider this report also after hearing the petitioners. In that view of the matter as the entire issue will have to be reconsidered, Ext.P11 is quashed. There will be a direction to the Director of Public Instruction to reconsider the entire matter, after considering various details in the report submitted by the Deputy Director of Education before this Court. Appropriate orders will be passed within a period of two months from the date of receipt of a copy of this Judgment. In that view of the matter, it has become unnecessary to direct the Government to consider the revision petition. The writ petition is disposed of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms