IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

THURSDAY, THE 8^TH DAY OF FEBRUARY 2024 / 19TH MAGHA, 1945 WP(C) NO. 35219 OF 2023 PETITIONER: FOUSIYA A S AGED 31 YEARS D/O. SAIDU MOHAMMED, LPST, ALP SCHOOL, KOTTARASSERY THEKKEPOTTA P.O, PALAKKAD DISTRICT., PIN - 678687 BY ADVS.

R.K.MURALEEDHARAN ATHIRA A.MENON RESPONDENTS:

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM., PIN - 695001

2 THE DIRECTOR OF GENERAL EDUCATION DIRECTORATE OF GENERAL EDUCATION, JAGATHI, THIRUVANANTHAPURAM., PIN - 695014

3 THE ASSISTANT EDUCATIONAL OFFICER OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, ALATHUR, PALAKKAD DISTRICT., PIN - 678682

4 THE MANAGER (PROVISIONAL)

ALP SCHOOL, KOTTARASSERY THEKKEPOTTA P.O, PALAKKAD DISTRICT., PIN - 678687

5 THE HEADMASTER ALP SCHOOL, KOTTARASSERY THEKKEPOTTA P.O, PALAKKAD DISTRICT., PIN - 678687

6 THE ADDITIONAL DIRECTOR & VIGILANCE OFFICER DIRECTORATE OF GENERAL EDUCATION, JAGATHI, THIRUVANANTHAPURAM., PIN - 695014 BY ADVS.

LINDONS C.DAVIS E.U.DHANYA(K/672/2006)

N.S.SHAMILA(K/222/2016)

CHINJU P. JOYIES(K/894/2016)

SRI.PREMCHAND R NAIR, SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

08.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

MOHAMMED NIAS C.P., J.

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WP(C)No.35219 of 2023 - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 8^th day of February, 2024

JUDGMENT

The petitioner was appointed as LPST with effect from 18.10.2021 to the retirement vacancy of Jessy O.J. by the then manager A.D. Kadeeja Beevi. Ext.P1 order of appointment order shows that the appointment was made as stated above. The same was forwarded by the then manager through the Samanwaya Portal to the third respondent. Ext.P2 shows that the petitioner joined the school on the same day itself. The petitioner submits that she is fully qualified and was appointed against a retirement vacancy. Issues started when the manager who appointed the petitioner resigned on 13.05.2022, citing health issues due to old age.

2. In the meantime, on account of the disputes among the members of the educational agency, the previous manager had given a complaint, Ext.P7, to the Station House Officer, Vadakkancherry police station, alleging that the Headmaster, her brother, had appointed teachers forging her signature and requested for action to be taken. This complaint is dated 26.5.2022, almost seven months after the appointment order, Ext.P1 and after the petitioner had joined duty. Through Ext.P7(a), the former manager had also moved the Additional Director and Vigilance of the General Education department. As per orders dated 31.8.2022, the Additional Director and Vigilance, General Education Department found that there was a difference in the signature of the former manager and therefore directed the police to register a case. A direction was also given to the Assistant Educational Officer, Alathur, the third respondent. The AEO had also given a complaint to the Deputy Superintendent of Police, Alathur for registering a case. The petitioner submits that as per Ext.P11, information received under the Right to Information Act shows that no crime was registered. Thereafter, the AEO also moved the Deputy Superintendent of Police by letter dated 5.7.2023, praying to conduct an investigation against the Headmaster. By Ext.P13, the AEO Alathur by orders dated 14.9.2023 rejected the proposal for appointment of the petitioner on the ground that disputes are pending relating to the management. Ext.P13 also refers to the complaint filed before the Deputy Superintendent of Police by the AEO, Alathur, Ext.P12. Challenging Ext.P13, the petitioner had filed Ext.P14 appeal before the Director General of Education, the second respondent. Through Ext.P16, the AEO had directed the manager and the Headmaster of the school not to permit the petitioner to mark the attendance. Under these circumstances, the pet