VASUDEVAN NAMBOODIRI Vs. STATE OF KERALA

JUDGEMENT

(1.) These two Original Petitions are concerned with the same matter and hence they are heard and disposed of together. OP No. 1564 of 1990 is filed by the Manager of Ayamkudy High School, Ayamkudi, Palai, while OP No. 2575 of 1990 is filed by the Headmaster of Ayamkudi High School. Ayamkudi High School is an aided School within the jurisdiction of the District Educational Officer, Palai. In 1987-88, the District Educational Officer, Palai conducted an inspection of the School for fixation of the staff strength under R.12 of Chap.23 of the Kerala Education Rules. In this case, we are only concerned with the fixation of staff strength for Standard VI. There were three divisions for Std. VI. By order dated 15.7.1987, the DEO held that three divisions for Std. VI will be retained in view of the effective student strength of Std. VI. Thus, the existing three divisions were allowed to continue.

(2.) There were certain allegations of misconduct against the Headmaster. The allegations included irregularities in the admission and removal of pupils. The DEO Palai was directed to conduct an enquiry into the matter and submit a report. Accordingly, the enquiry was conducted on 3.3.1988 and he submitted a report on 7.3.1988. On the basis of the report, the Deputy Director (Education) Kottayam directed the Manager to take disciplinary proceedings against the Headmaster. This is evidenced by Ext. P1. Pursuant to Ext. P1, disciplinary proceedings were initiated against the Headmaster. The Manager proposed a punishment of compulsory retirement. This is awaiting the approval of the Director of Public Instruction. One of the allegations against the Headmaster was that he had manipulated admission of pupils for Std. VI for the year 1987-88 in order to see that the three divisions in Std. VI are retained.

(3.) A record check was conducted invoking the provisions of R.12E(3) of Chap.23 of the KER with regard to the staff strength for the year 1987-88. Thereafter, the Director of Public Instruction passed Ext. P2 order dated 5.3.1989. The Director found that the third division of Std. VI of High School, Ayamkudi has got sanctioned by illegal means and by the same order, the sanction of the third division was cancelled. Further, the Director held as follows:-