An Assistant Educational Officer cannot be held financially liable for irregular admissions unless personal wrongdoing is established, emphasizing the Headmaster's accountability according to existing rules.

J U D G M E N T

The petitioner who retired from service as Assistant Educational Officer is aggrieved by Exts.P3, P4 and P13 by which a liability to the tune of Rs.51,960/- has been imposed against her. The circumstances under which the liability was fixed are the following:-

2. The petitioner was the Assistant Educational Officer of Thalasseri South and she retired from service on 31/03/2003. Two Schools, namely, the Kodiyeri Junior Basic School and the North Vayalalam L.P.School were under the administrative jurisdiction of the Assistant Educational Officer, Thalassery South. The test check for the year 2000- 2001 was conducted by the petitioner and the records and the strength of the students were verified. Later on, on 16/11/2000, the Super Check Cell visited the North Vayalalam L.P.School and they came to the conclusion that the pupils who were absent on that day were bogus/irregular admissions and that two posts out of 7 Teachers have to be reduced in terms of Rule 15 of Chapter 23 K.E.R. Ext.P1 is the proceedings issued by the Director of Public Instructions in this regard. Similarly, in respect of the other School also, i.e. Kodiyeri J.B School, Ext.P2 orders have been passed. In Exts.P1 and P2, the Headmaster and the Assistant Educational Officer have been found jointly liable for the loss sustained to Government Exchequer by payment of salary to Teachers. Thereafter, by Ext.P3 issued under Rule 1A (1) of Chapter XXVI K.E.R, the liability was fixed against the petitoiner and the Headmaster of North Vayalalam L.P. School. Ext.P4 shows that a total amount of Rs.1,03,832/- has been fixed against the Headmaster of Kodiyeri J.B.School and the Assistant Educational Officer, Thalasseri South equally. Even though, he filed explanations Exts.P5 and P6, he was not exonerated from the liability. Ext.P7 is the order passed by the Director of Public Instructions with regard to Vengara Mopla U.P.School, wherein, in identical circumstances, it was found that there were bogus admissions/irregular retentions on rolls of the School and the Headmistress was directed to refund the amount paid as salary to the Teachers. Ext.P8 is a Circular issued by the Director of Public Instructions in the matter wherein, it is made clear that since the admission, promotion and removal of pupils are done directly by the Headmasters and if bogus admissions are found out, the Headmasters will alone be liable for refund of the amount found as loss to the Department.

3. When the petitioner approached this Court earlier by filing W.P.(C).No.39687/2003, he was directed to approach the Government in the matter and, accordingly, he filed Ext.P11 revision before the Government which was disposed of by Ext.P13 order.

4. The view taken in Ext.P13 is to the effect that it was the duty of the Assistant Educational Officer to verify the strength correctly and find out irregularities if any. Since bogus admission has resulted in the wrong fixation, the petitioner is also bound to bear the burden.

5. The learned counsel for the petitioner submitted that going by Rule 12 of Chapter XXIII K.E.R, the Assistant Educational Officer is expected only to verify the physical strength. Accordingly, the physical strength of the students was verified by the petitioner in respect of 64 Schools under the administrative jurisdiction of the A.E.O. It was not physically possible for the petitioner to verify the details of admissions in respect of each pupil in the respective Schools and find out whether there was any bogus admission or not at that stage. Even if it is found on reverification that there is bogus admission, that cannot result in fixing any financial liability against the petitioner. It is submitted that going by Ext.P8 Circular issued by the Director of Public Instructions, the authorities of the Schools, namely, the Headmasters can be made liable if staff fixation is revised based on the subsequent Check either by Super Check Cell or by other authorities. The admission of