IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 26TH MARCH 2009 / 5TH CHAITHRA 1931 WP(C).No. 5239 of 2009(Y) -------------------------------------- PETITIONER(S): ------------------------ 1. G.B. SASIKUMAR, HEADMASTER, EASWARAVILASAM HIGHER SECONDARY SCHOOL, NEDUVATHOOR, KOLLAM, RESIDING AT GEETHAM, KAREEPRA, KUZHIMATHICAD.P.O. 2. SHINU V. RAJ, HSA, EASWARAVILASAM HIGHER SECONDARY SCHOOL, NEDUVATHOOR, KOLLAM, RESIDING AT VASANTHA NILAYAM, KANNAMKODE, VETTIKKAVALA.P.O. 3. RAJEESH.R, PHYSICAL EDUCATION TEACHER, EASWARAVILASAM HIGHER SECONDARY SCHOOL, NEDUVATHOOR, KOLLAM, RESIDING AT PUSHPAMANGALAM, IRUMPANANGADU.P.O. 4. GANGA.M.K, U.P.S.A, EASWARAVILASAM HIGHER SECONDARY SCHOOL, NEDUVATHOOR, KOLLAM, RESIDING AT GOPALA MANDIRAM, KUNNATHOOR.P.O. 5. A.S. VIJAYALAKSHMI, HSA, EASWARAVILASAM HIGHER SECONDARY SCHOOL, NEDUVATHOOR, KOLLAM, RESIDING AT KRISHNA BHAVAN, VAKKANAD.P.O. 6. P. SYAMALAKUMARY, HSA, EASWARAVILASAM HIGHER SECONDARY SCHOOL, NEDUVATHOOR, KOLLAM, RESIDING AT PERUMPILIL VEEDU, PALLIKKAL.P.O. 7. INDIRA DEVI.P, HSA, EASWARAVILASAM HIGHER SECONDARY SCHOOL, NEDUVATHOOR, KOLLAM, RESIDING AT ETTIYATTU INDIRA BHAVAN, NEDUVATHOOR. W.P.(C) NO.5239/2009 8. K.R. GEETHA, HSA, EASWARAVILASAM HIGHER SECONDARY SCHOOL, NEDUVATHOOR, KOLLAM, RESIDING AT KESAVEEYAM, KAKKAKOTTOOR, MABALATHUMKALA.P.O, EZHUKONE. 9. RENJAN MATHEWS.P, UPSA, EASWARAVILASAM HIGHER SECONDARY SCHOOL, NEDUVATHOOR, KOLLAM, RESIDING AT PADINJATTADUTHU PUTHEN VEEDU, IRUMPANANGAD.P.O. 10. RADHAMONY AMMA.B, UPSA, EASWARAVILASAM HIGHER SECONDARY SCHOOL, NEDUVATHOOR, KOLLAM, RESIDING AT ARUN NIVAS, ANAKOTTOOR.P.O. 11. D. VASANTHI AMMA, HSA, EASWARAVILASAM HIGHER SECONDARY SCHOOL, NEDUVATHOOR, KOLLAM, RESIDING AT ROHINI, NEDUVATHOOR. 12. ANOOP.R.G, UPSA, EASWARAVILASAM HIGHER SECONDARY SCHOOL, NEDUVATHOOR, KOLLAM, RESIDING AT NARAYANA MANDIRAM, GANDHI JUNCTION, KOTTARAKKARA. 13. AHEESH V. ANAND, PEON, EASWARAVILASAM HIGHER SECONDARY SCHOOL, NEDUVATHOOR, KOLLAM, RESIDING AT ASWATHY, NEELESWARAM.P.O. 14. SAM DANIEL, HSA, EASWARAVILASAM HIGHER SECONDARY SCHOOL, NEDUVATHOOR, KOLLAM, RESIDING AT SALEM, ODANAVATTOM.P.O. 15. D. RETHEESH BABU, UPSA, EASWARAVILASAM HIGHER SECONDARY SCHOOL, NEDUVATHOOR, KOLLAM, RESIDING AT SREE SAILAM, MUKHATHALA.P.O. 16. VIMALARAJ.R, UPSA, EASWARAVILASAM HIGHER SECONDARY SCHOOL, NEDUVATHOOR, KOLLAM, RESIDING AT USHAS, MANCHADIVILA, ERAM NORTH,CHATHANNOOR. 17. SARILL CHANDRAN.C, FTM, EASWARAVILASAM HIGHER SECONDARY SCHOOL, NEDUVATHOOR, KOLLAM, RESIDING AT ASWATHY BHAVAN, VENDAR.P.O. WP(C) NO.5239/2009 18. BIJI.K.S, HSA, EASWARAVILASAM HIGHER SECONDARY SCHOOL, NEDUVATHOOR, KOLLAM, RESIDING AT KARIKKATHIL, NEELESWARAM.P.O. 19. OMANA AMMA.D, SEWING TEACHER, EASWARAVILASAM HIGHER SECONDARY SCHOOL, NEDUVATHOOR, KOLLAM, RESIDING AT DEVI SADANAM, NEDUVATHOOR. 20. V. SATHYASEELAN PILLAI, PEON, EASWARAVILASAM HIGHER SECONDARY SCHOOL, NEDUVATHOOR, KOLLAM, RESIDING AT MAMMAZHITHUNDIL, NEELESWARAM.P.O. 21. HARI KUMAR, UPSA, EASWARAVILASAM HIGHER SECONDARY SCHOOL, NEDUVATHOOR, KOLLAM, RESIDING AT SREE BHAVAN, KOTTATHALA. 22. P. GIRIJAKUMAR, FTM, EASWARAVILASAM HIGHER SECONDARY SCHOOL, NEDUVATHOOR, KOLLAM, RESIDING AT SANKARAMANGALAM, VAKKANAD.P.O, VAKKANAD. 23. RASANATHU, UPSA, EASWARAVILASAM HIGHER SECONDARY SCHOOL, NEDUVATHOOR, KOLLAM, RESIDING AT ADILALAYAM, THODIYOOR (W) P.O. 24. V. RADHAKRISHNA PILLAI, UPSA, EASWARAVILASAM HIGHER SECONDARY SCHOOL, NEDUVATHOOR, KOLLAM, RESIDING AT POIKALAZHIKATHU VEEDU, NEDUVATHOOR. 25. RAJI AMMA.B, UPSA, EASWARAVILASAM HIGHER SECONDARY SCHOOL, NEDUVATHOOR, KOLLAM, RESIDING AT KURICHIYIL PUTHEN VEEDU, PERAYAM, MULAVANA. 26. RENJITHA G. KRISHNAN, UPSA, EASWARAVILASAM HIGHER SECONDARY SCHOOL, NEDUVATHOOR, KOLLAM, RESIDING AT GOKULAM, ELIYODU, EDAKKADOM.P.O. 27. D.I. SREEKUMAR, UPSA, EASWARAVILASAM HIGHER SECONDARY SCHOOL, NEDUVATHOOR, KOLLAM, RESIDING AT SREEKUMAR SADANAM, NEELESWARAM. W.P.(C) 5239/2009 28. B. SUBHADRAMMA, HSA, EASWARAVILASAM HIGHER SECONDARY SCHOOL, NEDUVATHOOR, KOLLAM, RESIDING AT MURALEE SADANAM, THEVALAPPURAM.P.O. 29. REGHUNADHAN PILLAI.G, HSA, EASWARAVILASAM HIGHER SECONDARY SCHOOL, NEDUVATHOOR, KOLLAM, RESIDING AT CHUMADUTHANGIVILA VEEDU, NEDUMPARA.P.O. 30. C. MAYA, CLERK, EASWARAVILASAM HIGHER SECONDARY SCHOOL, NEDUVATHOOR, KOLLAM, RESIDING AT GAYATHRI, EZHUKONE, KOLLAM. BY ADVS. MR.P.B.SURESH KUMAR MR.LEO GEORGE RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM. 4. THE DISTRICT EDUCATION OFFICER, KOLLAM. 5. SURESH KUMAR, MANAGER, EASWARAVILASAM HIGHER SECONDARY SCHOOL, NEDUVATHOOR. BY GOVT. PLEADER MR.T.T.MUHAMOOD ADV. MR.JOHN JOSEPH VETTIKAD FOR R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.5239/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE COMPLAINT FILED BY THE 30TH PETITIONER BEFORE THE 3RD RESPONDENT DT. 5.12.08. P2:_ COPY OF THE PETITION SUBMTITED BY THE 30TH PETIITONER BEFORE THE CHIEF MINISTER OF KERALA, DT. 20.12.08. P3:- COPY OF THE LETTER NO.C4/6273/08/KWC OF THE KERALA WOMEN'S COMMISSION ACKNOWLEDGING RECEIPT OF THE COMPLAINT OF THE 31ST PETITIONERS DT. NIL. P4:- COPY OF THE PETITION SUBMITTED BY THE 3OTH PETIIOENR TO THE KERALA WOMEN'S COMMISSION DT. NIL. P5:- COPY OF THE REPORT APPEARDED IN KERALA KOUMUDI DAILY DT. NIL. P6:- COPY OF THE COMPLAINT LODGED BY PETITIONERS 21 AND 30 BEFORE THE SUB INSPECTOR OF POLICE, KOTTARAKKARA DT. 10.6.07. P7:- COPY OF THE PETITION SUBMTITED BY THE 4TH PETITIONER TO THE UNIT SECRETARY , KERALA STATE TEACHERS ASSOCIATION, EASWARAVILASAM HIGHER SECONDARY SCHOOL UNIT DT. NIL. P8:- COPY OF THE PETITION SUBMITTED BY THE PETITIONERS BEFORE THE MINISTER OF EDUCATION, GOVERNMENT OF KERALA, DT. 9.1.09. P9:- COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIOENRS BEFORE THE 3RD RESPONDENT DT. 22.1.09. P10:- COPY OF THE JOINT PETITION SUBMITTED BY THE PETITIOENRS BEFORE THE GOVERNMENT DT. 22.1.09. TRUE COPY P.S. TO JUDGE TSS P.N.Ravindran, J. ================== W.P.(C) No.5239 of 2009 ===================== Dated this the 26th day of March, 2009. JUDGMENT Heard Sri. P.B.Suresh Kumar, the learned counsel appearing for the petitioners, Sri. T.T.Muhamood, the learned Government Pleader appearing for respondents 1 to 4 and Sri. John Joseph Vettikad, the learned counsel appearing for the fifth respondent Manager. 2. The first petitioner is the Headmaster of the fifth respondent's school. The other petitioners are the teaching and non-teaching staff of the said school. They have filed this Writ Petition alleging improper conduct of the part of the fifth respondent. Setting out various complaints about the fifth respondent, they have submitted Ext.P9 representation before the Deputy Director of Education, Kollam and Ext.P10 complaint before the Secretary to Government, General Education Department. In this Writ Petition, they inter alia pray for a direction to the Deputy Director of Education to enquire into Ext.P9 and for a direction to the Government to enquire into Ext.P10 complaint within a time limit to be fixed by this Court. 3. Sri. John Joseph Vettikad, the learned counsel appearing for the fifth respondent Manager submits that there is no truth or merit in the charges levelled against the Manager in Exts.P9 and P10. The learned counsel further submits that many among the petitioners in this Writ WP(C) No.5239/09 -: 2 :- Petition have informed the Manager that they have not given instructions for filing such a Writ Petition and that their signatures have also been forged. The learned counsel for the fifth respondent also submits that the same is the situation as regards Exts.P9 and P10 also. The learned counsel further submits that in these circumstances, the Writ Petition deserves to be dismissed. 4. The learned Government Pleader appearing for the official respondents submits that the Government have on receipt of Ext.P10 decided to conduct an enquiry on 27.3.2009 and that the Deputy Director of Education will enquire into the complaint voiced by the petitioners and also the contentions put forward by the Manager before this Court. In the light of the fact that the Deputy Director of Education is taking steps to enquire into the complaint submitted by the petitioners, I dispose of this Writ Petition with a direction to the Deputy Director of Education to hear the Manager also and afford him reasonable opportunity of being heard in the course of the enquiry. The Deputy Director of Education shall after such enquiry submit report to the Government. The enquiry shall be held and the report submitted within two months from the date of receipt of a certified copy of this judgment. The Government shall thereafter pass appropriate orders on Ext.P10 complaint. If the Government comes to the conclusion that the signatures of any one of the signatories to the complaints have been forged, the Government shall take appropriate action against those WP(C) No.5239/09 -: 3 :- responsible for the same under Rule 12A of the Kerala Education Rules. I make it clear that I have not expressed any opinion on the merits of the rival contentions and that it will be open to the Deputy Director of Education and the Government to come to their own conclusions in the light of the materials collected in the enquiry. P.N.Ravindran, Judge. ess 6/4