Disposed

R.Sujatha v. the State of Kerala

Kerala HC11 Oct 2021WP(C)/3898/2021

Case brief

AI extract

What is this about?

High Court directed the Government to consider the revision petition filed by teachers against inspection orders regarding alleged bogus admissions. Court directed expeditious disposal within three months and left the constitutional challenge open.

What did the court decide?

Direction to 1st respondent to consider revision petition within three months with hearing. Challenge to Rules 4 and 15(iii) of KER left open.

R.Sujatha Vs the State of Kerala — Pension and Retirement Benefits | Kerala HC (2021)

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WP(C) NO. 3898 OF 2021

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

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MONDAY, THE 11^TH DAY OF OCTOBER 2021 / 19TH ASWINA, 1943

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WP(C) NO. 3898 OF 2021

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PETITIONERS:

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1 R.SUJATHA AGED 52 YEARS W/O K RAJASHEKARAN UNNITHAN, HEAD MISTRESS, K R KRISHNA PILLAI MEMORAL BOYS HIGH SCHOOL AND VOCATIONAL HIGHER SECONDARY SCHOOL, KADAMPANAD P O, PATHANAMTHITTA DISTRICT, PIN-690522.

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2 LAKSHMI M AGED 42 YEARS W/O R.M.SYAMLAL, HIGH SCHOOL TEACHER IN MALAYALAM, K R KRISHNA PILLAI MEMORAL BOYS HIGH SCHOOL AND VOCATIONAL HIGHER SECONDARY SCHOOL, KADAMPANAD P O, PATHANAMTHITTA DISTRICT, PIN-690522.

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3 SARITHAKUMARI R AGED 40 YEARS W/O SANTHOSH KUMAR .S, HIGH SCHOOL TEACHER IN NATURAL SCIENCE, K R KRISHNA PILLAI MEMORAL BOYS HIGH SCHOOL AND VOCATIONAL HIGHER SECONDARY SCHOOL, KADAMPANAD P O, PATHANAMTHITTA DISTRICT, PIN-690522.

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4 SANDEEP V NAIR AGED 28 YEARS S/O VAMADEVAN NAIR, HIGH SCHOOL TEACHER IN MATHEMATICS, K R KRISHNA PILLAI MEMORAL BOYS HIGH SCHOOL AND VOCATIONAL HIGHER SECONDARY SCHOOL, KADAMPANAD P O, PATHANAMTHITTA DISTRICT, PIN-690522.

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5 JYOTHILEKSHMI I V AGED 38 YEARS W/O SAJEEV M, HIGH SCHOOL TEACHER IN MATHEMATICS, K R KRISHNA PILLAI MEMORAL BOYS HIGH SCHOOL AND VOCATIONAL HIGHER SECONDARY SCHOOL, KADAMPANAD P O, PATHANAMTHITTA DISTRICT, PIN-690522.

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6 SABU R

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WP(C) NO. 3898 OF 2021

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AGED 42 YEARS S/O P R RAMACHANDRAN PILLAI, UPPER PRIMARY SCHOOL TEACHER IN PHYSICAL SCIENCE, K R KRISHNA PILLAI MEMORAL BOYS HIGH SCHOOL AND VOCATIONAL HIGHER SECONDARY SCHOOL, KADAMPANAD P O, PATHANAMTHITTA DISTRICT, PIN-690522.

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7 LEKSHMI P AGED 31 YEARS W/O A MANIKANTAN NAIR, UPPER PRIMARY SCHOOL TEACHER, K R KRISHNA PILLAI MEMORAL BOYS HIGH SCHOOL AND VOCATIONAL HIGHER SECONDARY SCHOOL, KADAMPANAD P O, PATHANAMTHITTA DISTRICT, PIN-690522.

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8 VISHNU A KUMAR AGED 35 YEARS S/O ANIL KUMAR R, UPPER PRIMARY SCHOOL TEACHER, K R KRISHNA PILLAI MEMORAL BOYS HIGH SCHOOL AND VOCATIONAL HIGHER SECONDARY SCHOOL, KADAMPANAD P O, PATHANAMTHITTA DISTRICT, PIN-690522.

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9 LEKSHMI R S AGED 34 YEARS W/O RANJITH KUMAR, UPPER PRIMARY SCHOOL TEACHER, K R KRISHNA PILLAI MEMORAL BOYS HIGH SCHOOL AND VOCATIONAL HIGHER SECONDARY SCHOOL, KADAMPANAD P O, PATHANAMTHITTA DISTRICT, PIN-690522.

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BY ADVS. K.S.BHARATHAN SRI.ALPHIN ANTONY SRI.AADITHYAN S.MANNALI SRI.VISAKH ANTONY SRI.ABEL ANTONY SRI.CHRISTINE MATHEW

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RESPONDENTS:

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1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY, GENERAL EDUCTION (B), DEPARTMENT, GOVERNMENT SECRETARIAT, ANNEX-II, THIRUVANANTHAURAM, PIN-695001.

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2 THE DIRECTOR OF GENERAL EDUCATION, THYCAUD, JAGATHY, THIRUVANANTHAPURAM,

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WP(C) NO. 3898 OF 2021

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PIN-695014.

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3 THE SUPER CHECK OFFICER, OFFICE OF THE DIRECTOR OF GENERAL EDUCATION, THYCAUD, JAGATHY, THIRUVANANTHAPURAM, PIN-695014.

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4 THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM, KOLLAM, ELAMPALLOOR ROAD, THEVALLY, KOLLAM, PIN-691009.

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5 THE DSITRICT EDUCATIONAL OFFICER, KOTTARAKKARA, NEAR POLICE STATION, KOTTARAKKARA, KOLLAM DISTRICT, PIN-691506.

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6 THE MANAGER, KR KRISHNA PILLAI MEMORIAL BOYS HIGH SCHOOL AND VOCATIONAL HIGHER SECONDARY SCHOOL, KADAMPANAD P.O., PATHANAMTHITTA DISTRICT, PIN-690522.

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BY ADVS. SRI.JOHN JOSEPH VETTIKAD SRI.C.JOSEPH JOHNY

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SMT.NISHA BOSE, SR GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 3898 OF 2021

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JUDGMENT

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The 1st petitioner is the Headmistress and petitioners 2 to 5 are High School teachers of K R Krishna Pillai Memorial Boys High School and Vocational Higher Secondary School, Kadampanad. An inspection was conducted at the school by the Super Check Cell and it was found that bogus admissions were made. Ext.P1 notice was issued calling upon the Headmistress as well as the teachers to show cause why action shall not be taken against them and why posts of UPSA and HSA in the school be not reduced. The petitioners contend that pursuant to Ext.P1, the 2nd respondent conducted a hearing and without considering the contentions advanced by the petitioners, Ext.P19 order was passed endorsing the findings in Ext.P1 but by interfering to a limited extent. It is contended that the issue at hand has been concluded by the judgment dated 13.8.2019 of a Division Bench of this Court in W.A.No. 2552/2015 and the challenge raised against the judgment was repelled by the Apex Court by Ext.P21 order. It is being aggrieved by Ext.P1 and P19 order that this writ petition was filed seeking the following reliefs:

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i. declare that Rule 4 and Rule 15(iii) of Chapter VI KER is ultravires the provisions of RTE Act and Rules made thereunder and therefore unconstitutional and void;

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ii. issue a writ in the nature of certiorari calling for the records leading to Exhibits P1 and P19, and quash the same;

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WP(C) NO. 3898 OF 2021

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Sri. K.S.Bharathan, the learned counsel appearing for the petitioners submitted that when the matter had come up for admission, this Court by order dated 22.02.2021 had stayed all further proceedings pursuant to Exts.P1 and P19. It is further contended that while the writ petition was pending, the petitioners have preferred Ext.P22 revision petition before the 1st respondent challenging Exts.P1 and P19 invoking 12F of Chapter XXIII of the KER. It is submitted by the learned counsel that as the petitioners have availed their statutory remedy, their limited request before this Court at this point of time is for a direction to the 1st respondent to consider the revision petition and take a decision in an expeditious manner taking note of the judgment of the Division Bench of this Court in Ext.P20 which stands confirmed by Ext.P21 judgment of the Honourable Supreme Court. The learned counsel also prays that the challenge raised by the petitioners to Rule 4 and Rule 15 (iii) of Chapter VI of the KER be left open.

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Sri. Bijoy Chandran, the learned Senior Government Pleader submitted that there cannot be any impediment in considering the revision petition on its merits.

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Sri. John Joseph Vettikkad the learned counsel appearing for the 6th respondent Manager submitted that the Manager has also preferred a revision petition challenging the order passed by the DGE and the same is pending before the 1st respondent. It is submitted that it would be ideal for

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WP(C) NO. 3898 OF 2021

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the 1st respondent to take up both the revision petitions to avoid conflict of decisions.

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After having carefully evaluated the contentions raised in this writ petition, the submissions made across the Bar and the facts and circumstances, I am of the view that this writ petition can be disposed of by issuing the following directions:

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a) There will be a direction to the 1st respondent to take up, consider and pass appropriate orders on Ext.P22 revision petition, as per procedure and in strict adherence to the provisions of law. An opportunity of being heard, either physically or virtually, shall be afforded to the petitioners or their authorised representative as well as the Manager. While considering Ext.P22, the 1st respondent may also consider the revision petition filed by the 6th respondent challenging the very same order and also in the light of Ext.P20 judgment which stands confirmed by Ext.P21 order of the Apex Court.

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b) Orders, as directed above, shall be passed expeditiously, in any event, within a period of three months from the date of production of a copy of this judgment.

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c) It would be open to the petitioners to produce a copy of the writ petition along with the judgment before the concerned respondent

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WP(C) NO. 3898 OF 2021

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for further action.

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d) The challenge raised by the petitioner under Rule 4 and Rule 15(iii) of

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Chapter VI of the KER shall be left open.

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This writ petition is disposed of.

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Sd/-

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RAJA VIJAYARAGHAVAN V

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JUDGE

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WP(C) NO. 3898 OF 2021

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APPENDIX OF WP(C) 3898/2021

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PETITIONERS' EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE NOTICE NO SC 1/38713/2019/DGE DATED 19/06/2020.
EXHIBIT P2	TRUE COPY OF THE REPLY DATED 23.10.2020 FILED BEFORE THE 2ND RESPONDENT BY THE 6TH RESPONDENT.
EXHIBIT P3	TRUE COPY OF ORDER DATED 02.11.2020 IN WPC NO.23365 OF 2020.
EXHIBIT P4	TRUE COPY OF THE ORDER DATED 24.11.2020 IN WPC NO.23365 OF 2020.
EXHIBIT P5	TRUE COPY OF THE NOTICE VIDE NO, SC (1) 12321/2016/DPI DATED 07/09/2018.
EXHIBIT P6	TRUE COPY OF REPLY DATED 05.10.2018 OF THE 6TH RESPONDENT ADDRESSED TO THE 3RD RESPONDNET.
EXHIBIT P7	TRUE COPY OF THE SECONDARY SCHOOL LEAVING CERTIFICATE ISSUED TO MASTER ADITHYAN R (SERIAL NO.122 IN EXHIBIT P1).
EXHIBIT P8	TRUE COPY OF THE SECONDARY SCHOOL LEAVING CERTIFICATE ISSUED TO MASTER KEVIN JOHN BIJU (SERIAL NO.123 IN EXHIBIT P1).
EXHIBIT P9	TRUE COPY OF SECONDARY SCHOOL LEAVING CERTIFICATE ISSUED TO MASTER MUHAMMED SHAFI (SERIAL NO.124 IN EXHIBIT P1).
EXHIBIT P10	TRUE COPY OF SECONDARY SCHOOL LEAVING CERTIFICATE ISSUED TO MASTER MANU B, (SERIAL NO.125 IN EXHIBIT P1).
EXHIBIT P11	TRUE COPY OF THE STATEMENT DATED 27.10.2020 OF HEADMISTRESS OF THE SCHOOL CONTAINING THE DETAILS OF 125 STUDENTS.
EXHIBIT P12	TRUE COPY OF PROMOTION LIST OF PUPILS IN STANDARD V (ALL DIVISIONS) OF THE SCHOOL FOR THE ACADEMIC YEAR 2019-20.

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WP(C) NO. 3898 OF 2021

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EXHIBIT	P13 TRUE COPY OF PROMOTION LIST OF PUPILS IN STANDARD VI (ALL DIVISIONS) OF THE SCHOOL FOR THE ACADEMIC YEAR 2019-20.
EXHIBIT	P14 TRUE COPY OF PROMOTION LIST OF PUPILS IN STANDARD VII (ALL DIVISIONS) OF THE SCHOOL FOR THE ACADEMIC YEAR 2019-2020.
EXHIBIT	P15 TRUE COPY OF PROMOTION LIST OF PUPILS IN STANDARD VIII (ALL DIVISIONS) OF THE SCHOOL FOR THE ACADEMIC YEAR 2019-2020.
EXHIBIT	P16 TRUE COPY OF PROMOTION LIST OF PUPILS IN STANDARD IX (ALL DIVISIONS) OF THE SCHOOL FOR THE ACADEMIC YEAR 2019-2020.
EXHIBIT	P17 TRUE COPY OF GO (MS) NO. 6/89/G.EDN DATED 28/01/1989.
EXHIBIT	P18 TRUE COPY OF THE ARGUMENT NOTES SUBMITTED BY PETITIONERS DATED 02.01.2021.
EXHIBIT	P19 TRUE COPY OF THE ORDER DATED 21.01.2021 BEARING NO SC(1)/38713/19/D.G.E.
EXHIBIT	P20 TRUE COPY OF THE JUDGMENT DATED 13.08.2019 IN WA NO. 2552 OF 2015.
EXHIBIT	P21 TRUE COPY OF THE ORDER DATED 13.12.2019 IN SLP(C) NO. 28606 OF 2019.
EXHIBIT	P22 TRUE COPY OF THE REVISION PETITION FILED BY THE PETITIONES BEFORE 1ST RESPONDENT WITHOUT EXHIBIT DATED 2.3.2021
RESPONDE	NTS' EXHIBITS:

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NIL

R.Sujatha v. the State of Kerala

Case brief

What is this about?

What did the court decide?

R.Sujatha v. the State of Kerala

Case brief

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