IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 15TH NOVEMBER 2011 / 24TH KARTHIKA 1933 WP(C).No. 22021 of 2010(C) -------------------------- PETITIONER: --------------- A.JAYALEKSHMI, HEADMISTRESS, R.V.S.M. HIGHER SECONDARY SCHOOL, PRAYAR P.O., OACHIRA-690 547. BY ADV. SRI.P.B.SAHASRANAMAN SRI.T.S.HARIKUMAR SRI.K.JAGADEESH RESPONDENT(S): --------------- 1. THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM-695 014. 3. THE DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA-688001. 4. THE DISTRICT EDUCATIONAL OFFICER, MAVELIKKARA-690101. 5. THE MANAGER, R.V.S.M.H.S.S., PRAYAR P.O., OACHIRA-690 547. ADDL.R6 TO R8 IMPELADED: ADDL.R6: LEENA P., UPSA, RVSM HIGH SCHOOL, PRAYER P.O., OACHIRA – 690 547. ADDL.R7: K.JEEJAKUMARI, UPSA, RVSM HIGH SCHOOL, PRAYER P.O., OACHIRA – 690 547. WP(C).No. 22021 of 2010(C) ADDL.R8: M.S.DEEPA, LGC HINDI, RVSM HIGH SCHOOL, PRAYER P.O., OACHIRA – 690 547. (ADDL.R6 TO R8 IMPLEADED VIDE ORDER DT.6.9.10 IN I.A.11137/10) BY GOVERNMENT PLEADER SMT.NISHA BOSE FOR R1-4 SRI.P.SREEKUMAR FOR R5 SRI.K.S.MANU (PUNUKKONNOOR) FOR R5 ADV. SRI.VAKKOM N.VIJAYAN FOR ADDL.R6 TO R8 SRI.RAMAKRISHNAN SOMANADHAN NAIR SMT.V.RENJU SRI.P.ANIYAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.22021/10 PETITIONER'S EXTS: EXT.P1: COPY OF ORDER OF THE 2ND RESPONDENT DT.21.6.06. EXT.P2: COPY OF ORDER OF THE 4TH RESPONDENT DT.31.7.07. EXT.P3: COPY OF REVISION PETITION FILED BY THE PREVIOUS MANAGER BEFORE THE 1ST RESPONDENT DT.28.7.06. EXT.P4: COPY OF ORDER OF THE 1ST RESPONDENT DT.28.3.07. EXT.P5: COPY OF LETTER NO.B3/4482/2007 ISSUED BY THE 4TH RRESPONDENT DT.19.9.07. EXT.P6: COPY OF JUDGMENT IN W.A.NO.30/08 DT.1.2.08. EXT.P7: COPY OF REVIEW PETITION DT.12.2.08 ALONG WITH THE DOCUMENTS. EXT.P8: COPY OF MEMO OF CHARGES ALONG WITH THE STATEMENT OF ALLEGATION DT.12.1.09. EXT.P9: COPY OF REPLY SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT DT.30.1.09. EXT.P10: COPY OF REQUEST OF THE PETITIONER ADDRESSED TO THE 4TH RESPONDENT DT. EXT.P11: COPY OF NOTICE DT.23.9.09 ADDRESSED TO THE PETITIONER BY THE 3RD RESPONDENT. EXT.P12: COPY OF REVISION PETITION FILED BY THE PETITOINER ON 19.10.09 BEFORE THE 1ST RESPONDENT. EXT.P13: COPY OF JUDGMENT IN WPC.28693/09 DT.17.12.09. EXT.P14: COPY OF LIST OF THE STUDENTS SUBMITTED BY THE PETITIONER BEFORE THE UNDER SECRETARY, DT.3.5.10. EXT.P15: COPY OF STATEMENT SUBMITTED BY THE SERVICE CONSULTANT ON BEHALF OF THE AFFECTED TEACHERS BEFORE THE UNDER SECRETARY, DT.30.4.10. EXT.P16: COPY OF ORDER OF THE UNDER SECRETARY, DT.25.5.10. EXT.P17: COPY OF ORDER OF THE 3RD RESPONDENT DT.25.6.10. RESPONDENTS' EXTS: TRUE COPY dsn P.A.TO JUDGE T.R.RAMACHANDRAN NAIR, J. -------------------------------------------------- W.P.(C)No.22021 of 2010 -------------------------------------------------- DATED THIS THE 15th DAY OF NOVEMBER, 2011 JUDGMENT The petitioner was the Headmistress of R.V.S.M.High School, Prayer, Oachira. The Writ Petition is filed challenging Exhibit P16 order passed by the Government. 2. The dispute originated when staff fixation order was revised after a visit of the Super Check Cell of the Office of the Director of Public Instruction on 14.10.2005. 3. By interim order dated 2nd September, 2011 this Court directed the 4th respondent to file a report before this Court after verifying the details of students mentioned in Exhibits P12 and P14. According to the petitioner, Exhibits P12 and P14 were not considered by the Government at the time of issuance of Exhibit P16 order. It is in that background that this Court directed the 4th respondent to verify the same. 4. A report has been placed before this Court by the 4th respondent referring to various details. In paragraph No.2 it is reported as follows: W.P.(C)No.22021/10 -2- “As per the records maintained in the school, it is recordically seen that all students mentioned in Exhibits P12 and P14 were studied in the school and all these students except one left the school in three ways, namely left the school presented for the SSLC examination, left with Transfer Certificate and Removed from the roll due to long absence. The details of the students who have been presented for the SSLC examination have also been given in detail in the report. 5. In the light of the above, the matter will have to be reconsidered by the Government. 6. In that view of the matter Exhibit P16 will stand set aside. The petitioner will produce a copy of the report along with Exhibits P12 and P14 and any other documents which the petitioner places reliance upon, within a period of three weeks from today along with a representation before the Government. The Government will reconsider the entire issues and pass a fresh order within a period of four months from the date of receipt of a copy of this judgment. Since the Government will have to pass a fresh order, the proceedings initiated against the petitioner as per Exhibit P17 will be kept in abeyance and appropriate orders will W.P.(C)No.22021/10 -3- be passed with regard to the same after the Government passes a final order in the matter. The Writ Petition is allowed as above. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn