IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 14TH OCTOBER 2009 / 22ND ASWINA 1931 WP(C).No. 37289 of 2008(L) --------------------------------------- PETITIONER(S): ----------------------- 1. THE MANAGER, P.M.M.U.P.SCHOOL, P.O.CHENTRAPPINNI (EAST), THRISSUR. 2. V.B.SHYMA, U.P.S.A P.M.M.U.P.SCHOOL, P.O.CHENTRAPPINNI (EAST), THRISSUR. 3. LIJA MATHEW.T, U.P.S.A P.M.M.U.P.SCHOOL, P.O.CHENTRAPPINNI (EAST), THRISSUR. 4. E.D.SHIJI, U.P.S.A P.M.M.U.P.SCHOOL, P.O.CHENTRAPPINNI (EAST), THRISSUR. 5. LANTY ANTONY.C, L.P.S.A, P.M.M.U.P.SCHOOL, P.O.CHENTRAPPINNI (EAST), THRISSUR. BY ADVS.MR.M.S.UNNIKRISHNAN SMT.S.KARTHIKA SMT.K.P.GEETHA MANI MR.M.R.ANISON MR.P.S.ABHISHEK SMT.KAVYA P.PRASAD RESPONDENT(S): ------------------------- 1. STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVT.SECRETARIAT, TRIVANDRUM. 2. THE ASSISTANT EDUCATIONAL OFFICER, VALAPPAD. R1 & R2 BY GOVERNMENT PLEADER MR.V.T.K.MOHANAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.37289/2008 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE PROCEEDINGS DTD. 20.7.06 ISSUED BY 2ND RESPONDENT. P2:- COPY OF THE STAFF FIXATION ORDER DTD. 13.7.07. P3:- COPY OF THE LETTER DTD. 14.3.08 ISSUED BY THE IST RESPONDENT. P4:- COPY OF THE CERTIFICATE DTD. 16.7.07. P5:- COPY OF THE CERTIFICATE DTD. 17.7.07. P6:- COPY OF THE ARGUMENTS NOTES DTD. 25.6.07. P7:- COPY OF THE G.O.(RT) 3394/08/G.EDN. DTD. 25.7.08. P8:- COPY OF THE COMMUNICATION DTD. 10.1.08 BETWEEN THE TEMPLE COMMITTEE AND SCHOOL AUTHORITIES. P9:- COPY OF THE COMMUNICATION DTD. 11.1.2008. P10:- COPY OF THE STUDENT VERIFICATION REPORT OF THE SCHOOL FOR THE YEAR 2008-09. P11:- COPY OF THE CERTIFICATE ISSUED BY THE HM OF THE SCHOOL. TRUE COPY P.A. TO JUDGE tss T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.37289 OF 2008 --------------------------------------- Dated this the 14th day of October, 2009. J U D G M E N T The first petitioner is the Manager and petitioners 2 to 5 are the teachers of the P.M.M.U.P.School, Chentrappini in Thrissur District. Exhibit P2 is the staff fixation order for the year 2007- 2008 wherein only 12 posts were sanctioned. Six posts were reduced on the ground of want of students strength resulting in five teachers being thrown out with effect from 15.07.2007. 2. The inspection preceding the staff fixation was made by the 2nd respondent on 10.07.2007. It is the case of the petitioners that due to natural calamities on that day, there was very low attendance in the school. There was continuous heavy rain in the locality during July 2007 and viral fever also spread there during the first and second weeks of July 2007. In those circumstances, the 1st petitioner represented the matter before the Government for a direction to conduct a revisit under Rule 12 of Chapter XXIII of Kerala Education Rules. W.P.(C) No.37289/2008 2 3. The Government, by Exhibit P3, directed the 2nd respondent to conduct a revisit, but that was not done at that point of time. The 1st petitioner thereafter, filed a representation dated 10.04.2008 before the 1st respondent in the matter seeking for revision of the staff fixation order. The 1st petitioner approached this Court by filing W.P.(C)No.15050/2008 wherein this Court directed the 1st respondent to consider and pass orders on the representation. 4. Exhibit P4 is the certificate issued by the Tahsildar stating that the village where the school is situated was badly affected by the heavy rain and flood during the first weeks of July 2007, due to which the inhabitants of the locality migrated to nearby places. Exhibit P5 is the certificate issued by the doctor showing that a good number of school children of the area were under medical treatment. Exhibit P6 is the argument note produced before the Government. 5. In Exhibit P7, the Government did not consider the matter in detail, the contentions raised by the Manager. In paragraph 5 of Exhibit P7, the finding rendered is to the effect W.P.(C) No.37289/2008 3 that “the contention of the Manager for the reason for lesser number of students noticed at the time of visit on 10.07.2007, due to natural calamities, proved incorrect at the time of 2nd visit on 14.01.2008”. It is explained by the learned counsel for the petitioners that it was actually the Assistant Educational Officer who conducted a visit on 14.01.2008. 6. The question therefore, is whether the entire aspects were considered in terms of the documents produced by the petitioners. Evidently, those aspects have not been considered on their merits. Learned counsel for the petitioners therefore, prayed that the Government may be directed to reconsider the entire issue. It is also prayed that the petitioners will be allowed to produce the promotion list and the attendance book of the students in support of their pleas. Therefore, this writ petition is disposed of with the following directions: The Government will consider the representation dated 10.04.2008 of the 1st petitioner along with the materials produced by the Manager and a pass fresh order, after hearing the petitioners and after considering the matter on merits, within W.P.(C) No.37289/2008 4 a period of four months from the date of receipt of a copy of this judgment. The petitioners will be free to produce any additional materials before the Government. To enable the Government to consider the matter afresh, Exhibit P7 stands set aside. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp