Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Kerala Education Rules |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Education - Kerala Education Rules - Chapter XX/II - r.12(3) r/w r. 16 -Irregular fixation of school staff- Staff fixation order obtained through bogus admission of students and misrepresentation of facts - Verification of actual students' strength - By Police - Justification - Whether High Court justified in directing the Secretary, General Education Department of the State to get the verification of the actual students' strength in all the aided schools in the State with the assistance of the police and to take appropriate action - Held: Due to irregular fixation of staff, the State exchequer incurs heavy financial burden by way of pay and allowances - Great responsibility, therefore, cast on the General Education Department to curb such menace which not only burden the State exchequer but also give a wrong signal to the society at large - However, investigation by the police with regard to verification of the school admission, register etc., particularly with regard to admissions of the students in the aided schools will give a wrong signal even to the students studying in the school and the presence of the police itself is not conducive to the academic atmosphere of the schools - In such circumstances, directions given by the High Court for police intervention for verification of the students' strength in all the aided schools set aside - However, direction given to the State Education Department to forthwith give effect to a circular dated 12.10.2011 to issue UID Card to all the school children and follow the guidelines and directions contained in their circular - No reason to interfere with the direction given by the Director of Public Instructions (DPI) to take further action to fix the liabilities for the irregularity committed in the school, for which appeal pending before the State Government - State Government to consider the appeal and take appropriate decision, if it is still pending. |
Judge | Hon'ble Mr. Justice K.S. Panicker Radhakrishnan |
Neutral Citation | 2013 INSC 78 |
Petitioner | State Of Kerala And Others |
Respondent | President, Parent Teacher Assn. Snvup And Others |
SCR | [2013] 4 S.C.R. 66 |
Judgement Date | 2013-02-06 |
Case Number | 958 |
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