MINI SAMSON Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is working as Headmistress of S.S.M. U.P. School, Poozhanad. The petitioner challenges Exts. P3 to P5, P7 and P9 to the extent that certain liability had been fixed on the petitioner alleging that the petitioner was responsible for making bogus admissions in the school in the matter relating to preparation of staff fixation order. The liability fixed in terms of Ext. P5 was Rs. 1,14,855/-. Though the petitioner had challenged the above matters before the appellate/revisional authorities, the same came to be confirmed and accordingly, this writ petition has been filed.

(2.) Counter affidavit has been filed by the 3rd Respondent, supporting the stand taken by the educational authorities and the Government in this regard. According to them, they are entitled to recover the amount from the headmistress of the school.

(3.) The learned counsel for the petitioner has relied upon the judgment of this Court in Vasudevan Namboodiri v. State of Kerala,1997 2 KerLT 529 to contend that there is no statutory provision enabling the Government to fix the liability on the headmistress. This court, in the aforesaid judgment, observed that the only provision available under the Kerala Education Rules is Rule 65 of Chapter XIV A and sub-rule (4) of Rule 7 of Chapter III, which concerns the contingencies under which loss can be recovered from the Manager.