High Court Kerala High Court

Sreeja.K. vs The State Of Kerala Represented By … on 17 March, 2010

Kerala High Court
Sreeja.K. vs The State Of Kerala Represented By … on 17 March, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 6907 of 2010(K)


1. SREEJA.K., D/O.KUNHIKANNAN NAIR,
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA REPRESENTED BY ITS
                       ...       Respondent

2. THE DEPUTY DIRECTOR OF EDUCATION,

3. THE DISTRICT EDUCATIONAL OFFICER,

4. THE HEADMASTER,

                For Petitioner  :SRI.V.A.MUHAMMED

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :17/03/2010

 O R D E R
                               S.SIRI JAGAN, J.
                        ==================
                         W.P.(C).No. 6907 of 2010
                        ==================

                  Dated this the 17th day of March, 2010

                               J U D G M E N T

The petitioner is the manager of an aided school. For the year

2008-09, 15 posts of High School Assistants (core subjects) were

sanctioned. For the year 2009-2010, according to the petitioner, going

by the student strength, 17 posts of High School Assistants (core

subjects) are to be sanctioned. But it was not done in the staff fixation.

Therefore, the petitioner submitted a request for higher level

verification by the 2nd respondent-Deputy Director of Education as per

Rule 12 of the Chapter XXIII of the Kerala Education Rules. The

petitioner’s grievance in this writ petition is that higher level

verification is not being conducted by the Deputy Director despite the

request. The petitioner, therefore, seeks a direction to the 2nd

respondent to conduct a higher level verification in the petitioner’s

school and take further steps for staff fixation, in accordance with the

said verification.

2. I have heard learned Government Pleader also. He would

contend that other students from tribal areas are being brought to the

school to artificially inflate the student strength. Therefore, there is no

point in conducting a higher level verification, is his contention.

3. It is not disputed before me that under the provisions of

the KER, if a manager of an school requests for a higher level

verification, higher level verification has to be conducted by the Deputy

w.p.c.6907/10 2

Director of Education. Whether the manager or the headmaster has

inflated the student strength artificially, is a matter which has to be

considered by the appropriate authority in accordance with law. That is

no ground for denying higher level verification when requested for.

Accordingly, the 2nd respondent is directed to conduct a higher level

verification and take further steps in accordance with law, as

expeditiously as possible, at any rate, within one month from the date

of receipt of a certified copy of this judgment.

The writ petition is disposed of as above.

Sd/-

sdk+                                             S.SIRI JAGAN, JUDGE

          ///True copy///




                               P.A. to Judge