MANAGER, R.M.V.H.S.S, PERINJANAM, PERINJANAM P.O, TRICHUR DISTRICT AND OTHERS Vs. STATE OF KERALA AND OTHERS

JUDGEMENT

(1.) The Manager of R.M.E H.S.S, Perinjanam, the retired Principal of the School along with three teachers has filed this writ petition challenging the orders Exts. P5 and P7, by which two divisions were reduced in this School, on the basis of inspections by the Super Check Cell.

(2.) As per Ext. P1 staff fixation order for the academic year 2007-2008, 25 divisions were sanctioned in the High School and 7 in the UP Section with corresponding number of posts as against 28 divisions in High School and 9 divisions in UP section sanctioned in the previous year. The case of the petitioners is that the Super Check Cell of the DPI conducted an inspection in the School on 04.10.2007, when several pupils were absent due to Ramadan fasting, hartal in Kodungallur Thaluk and prevalence of contagious diseases like chickunguinea. Petitioner's case is that a second visit was conducted on 3.1.2008; but they did not verify the student strength and only adopted the visit report of the first inspection.

(3.) The Super Check Cell had conducted surprise visit on the basis of certain complaints received. A second inspection was conducted on 03.01.2008 when a shortage of 219 students, who were absent on 04.10.2007 also. Based on the reports, the Director of Public Instructions issued Ext. P3 show cause notice dated 21.05.2008 finding that staff fixation order Ext. P1 was liable to be revised as the same was made on the basis of inflated strength by way of bogus admissions and seeking explanation from the Principal, against the proposal to abolish the 3rd division in standard VI, 8th division in standard VIII and one post each of UPSA and HSA. It was found that the Headmaster who is responsible for the admissions, removal, maintenance of records and supervision of work of subordinates, has to make good the loss caused to government. Explanation was sought against the proposal to recover the pay and allowances disbursed to the excess teachers, expenditure incurred by way of various scholarships, grant etc. to the pupils found as of bogus admissions.