K.P. SHAJI Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner challenges Ext.P11 and seeks to direct the first respondent-State of Kerala to issue orders to take steps to abolish 8th division of the fifth respondent-School with effect from 2008-09 and to revise the staff fixation and to recover the excess salary paid from the Manager and Headmistress of ALP School, Melmuri equally.

(2.) The petitioner contends that the Government of Kerala has issued orders permitting the Parent Teachers Association of Government Schools to hold nursery classes where excess accommodation is available. The Government has subsequently issued guidelines also in this regard. The PTAs of Government Schools alone are permitted to undertake such classes. The fifth respondent-Manager of an aided school, was conducting pre-primary classes in the school building in violation of the provisions of the KER, contends the petitioner. According to the petitioner, there are only nine class rooms in the school building and eight classes are being run. One room is used for office of the school. When the pre-primary classes started, necessarily the number of regular class rooms have been reduced to seven. According to the petitioner, this has caused considerable monetory loss to the public exchequer.

(3.) The petitioner submitted Ext.P3 RTI application. Ext.P4 reply received from the authorities would show that pre-primary classes have been conducted in the class rooms allocated for primary classes. The petitioner therefore, filed a complaint before the second respondent-DPI. As the DPI did not take any step against the illegal functioning of the pre-primary class, the petitioner filed WP(C)No.1590/2012. This Court by Ext.P6 judgment directed the third respondent-DEO to look into the complaint.