MINI VARGHESE Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, who retired as the Headmistress of the New U.P. School, Easwaramangalam P.O., has filed this writ petition, challenging essentially the liability created against her, by various orders issued by the respondents herein.

(2.) The short facts necessary for the disposal of this writ petition are as follows:

(3.) The petitioner has stated that she was working as the Headmistress of New U.P. School, Easwaramangalam P.O., Ponnani, (hereinafter referred to as "the school", for short) for the period from 16/7/1999 to 31/5/2021. The staff fixation of the school for the academic year 2009-2010 was issued on 15/7/2009. However, the Super Check Cell of the 2nd respondent herein, conducted surprise visits in the school on 14/9/2009 and 18/12/2009, preparing reports with respect to the inspections. On the basis of the details gathered pursuant to the said inspection, the Director of W.P.(C)NO.24603 OF 2021 2024:KER:73460 Public Instruction issued Ext.P1 show cause notice dtd. 25/1/2010, proposing to abolish four posts in the school, alleging that 65 students included in the rolls were "bogus". It is pointed out in the writ petition that the petitioner, being the Headmistress of the school, filed detailed objections to the show cause notice along with some relevant documents/materials to show that, out of the above 65 students, 24 were removed from the rolls on account of long absence, 26 students obtained transfer certificates and left the school and as regards the balance 15 students, it was pointed out that they were continuing with their studies in the same school. It is also pointed out that the certificates issued by the Headmistress of the schools in which the students, after obtaining transfer certificates, joined were also produced along with birth certificates of the students, age relaxation orders issued by the 4th respondent etc.