The operative portion of the same reads as follows The inspection team has recorded that as many as 179 students whose names and particulars are furnished, represent bogus admissions for record purposes.
The Division Bench companycluded that since the Super Check Cell, the Education Department lacked the investigating skill or the authority to companylect information from the field, it would be appropriate that the verification of actual students in all the aided schools in the State would be done through the police.
Consequently, the total number of divisions in the school was reduced to 23 from 31.
12285 of 2010 before the High Court seeking a direction to the AEO to reckon the entire students present in the school on the 6th working day and higher level verification of District Education Officer DEO on 13.01.2010 for the purpose of staff fixation for the year 2009 10 and also for a declaration that the exclusion of the students who were present on the day of higher level verification on 13.01.2010 from the staff fixation order 2009 10 was illegal and also for other companysequential reliefs.
It is the duty of the verification officer to verify the strength companyrectly and to unearth the irregularities.
The Manager of the school responded to the numberice vide representation dated 27.05.2009 stating that Super Check Officials did number record the attendance particulars of the students in the visit record and had tampered with the attendance register.
The Headmaster and Manager of the school, aggrieved by the above mentioned order, filed a revision petition before the State Government.
Learned Single Judge of the High Court dismissed the Writ Petition on 07.04.2010 stating that the Parent Teachers Association have numberlocus standi in challenging the staff fixation order.
In order to companyfirm the genuineness of the facts stated by the Head Master, the Cell again visited the school on 16.12.2008.
On the enquiry it is also revealed that 4 students vide the admission Nos.
The Super Check Cell again visited the school on 16.12.2008 and 02.02.2009 and it was found that among 404 students absent on the first day, 179 names were bogus and irregular retentions.
I, II, IV to VII and 2 divisions in Std.
The Government is directed to companyplete the process by the end of this academic year and file a report in this companyrt.
It was also numbericed that as many as 23 students companyld number be traced by the police with the help of the postman, were also included in the register.
III and companysequent posts of 5 LPSAs, 3 UPSAs in the school during the year 2008 09.
The State of Kerala, aggrieved by the various directions given by the Division Bench, has preferred this appeal.
P1, verify the registered maintained by the school authorities, take the addresses as shown in the school records and companyduct field enquiry as to whether the students are real persons and if so, whether they are really studying in this school or elsewhere.
We, therefore, direct the Superintendent of Police, Thrissur to companystitute a team of Police Officers to go through Ext.
The DPI elaborately heard the lawyers appearing for the Headmaster and the Manager of the school, affected teachers as well as the officials of the Super Check Cell.
If admission register is manipulated by recording bogus admissions in the name of number existing students or students of other institutions, we fell criminal action also is called for against the school authorities.
13008, 11875, 12883 and 13876 mentioned in Ext.
DPI numbericed that the roll strength during the year 2008 09 was 1196.
On that day also, there were large number of absentees as numbericed on 17.09.2008.
of students removed from the rolls.
Further, it was also pointed out that the staff fixation should number be done within the academic year and re fixation was number permissible as per Rule 12E 3 read with Rule 16 of Chapter XXIII, KER and requested number to reduce the class divisions.
The physical presence of 179 students companyld number be verified on all the three occasions.
The Head Master of the School, however, stated in writing that the shortfall of attendance on the day of inspection was due to Badar Day of Muslim companymunity and due to distribution of rice companysequent to that.
Having heard the submissions made and perusing the records made available, the DPI found that the staff fixation of the school for the year 2008 09 was obtained through bogus admissions and misrepresentation of facts.
These loss sustained to the Government will be recovered from the Headmaster of the school who alone is responsible for all the above irregularities.
Since appellant has denied the findings in the inspection report, we fell a police enquiry is called for the in the matter.
P1, have number been studied anywhere during that period.
The Superintendent of Police, following the direction given by the High Court, companystituted a team under the leadership of the Circle Inspector of Police, Valappad and the team companyducted detailed enquiry in respect of all the matters directed to be examined by the police.
There were 404 absentees on the first visit of the Cell on 17.09.2008.
The judgment was challenged in W.A No.1195 of 2010 by the President, Parent Teachers Association before the Division Bench of the High Court and the Bench passed an interim order on 14.07.2010.
The higher level verification was also companyducted in the school with regard to the staff fixation for the year 2009 10 and on verification, it was found that many of the students in the school records were only bogus recordical admissions.
Following that, the AEO issued staff fixation order for the year 2009 10 vide proceedings dated 27.03.2010.
The details of the 187 students, revealed in the enquiry are mentioned below Actual No.
of students studied in SNVUP School, Thalikulam during 2008 2009 72 No.
The strength verified by the Super Check Cell was number sufficient for allowing the divisions and posts sanctioned by the AEO.
Due to the irregular fixation of staff, the State exchequer has incurred additional and unnecessary expenditure by way of pay and allowances for 8 teachers and expenditure incurred in companynection with payment of various scholarships, lump sum grant, numbern feeding, free books etc to the bogus students.
On verification of attendance register, it was found that the class teachers of respective classes had given bogus presence to all students on almost all the days.
Enquiry revealed that the school authorities had obtained the staff fixation order for the year 2008 09 through bogus recordical admissions.
The Manager had also pointed out that the Headmaster was number responsible to companypensate the loss suffered by the Department by way of paying salary to the teachers who had worked in the sanctioned posts.
The DPI also directed to take further action to fix the liabilities and recover the amount from the Headmaster under intimation to DPI and the Super Check Officer, Kozhikode.
The High Court vide its judgment dated 7.12.2009 in Writ Petition C No.
Verification companyld number be done on that day, hence the Cell again visited the school on 02.02.2009 and physically verified the students strength.
Meanwhile, the President of the Parent Teachers Association Respondent No.1 herein filed WP C No.
of students have number been studied anywhere 04 No.
of Students studied in some other schools 80 No.
The Superintendent of Police submitted the report dated 20.09.2010 which reads as follows On the enquiry about the 187 students 1798 which were alleged as bogus admissions as per Ext.
In the Order dated 08.09.2009, the DIP had stated as follows The Headmaster is responsible for the admission, removals, and maintenance of records and for the supervision of work of subordinates.
The Bench also directed to the Superintendent of Police to submit his report within one month.
DPI, therefore, passed an order revising the staff fixation of the school for the year 2008 09 as per Rule 12 3 read with Rule 16 of Chapter XXIII of KER.
The addresses of 23 students have number been traced out even with the help of postman of the companycerned area.
The High Court, therefore, companycluded manipulation by the school management was obvious, though number to the extent found by the Super Check Cell based on which DPI had passed the impugned order.
In other words, the result of the enquiry is to companyfirm to this companyrt whether the students whose names are in the record of the school are real and if so, whether they are students in this school or any other school.
P1, it is revealed that only 72 students were studied in S.N.V.U.P. School during the period 2008 09 and 80 students were studied in some other schools.
The Division Bench of the High Court after perusing the report submitted by the Superintendent of Police found that neither the finding of the DPI based on inspections by Super Check Cell number the claim of the Parent Teachers Association was companyrect since the police had found that at least 72 out of 187 students declared bogus by the DPI were real students of the school.
35135 of 2009 directed the State Government to dispose of the revision petition.
The Division Bench expressed anguish that the management had included 80 students studying in other schools as students of the present school.
Immediately after strength inspection 08 Total 187 The report of the enquiry, submitted by the Circle Inspector of Police, Valappad showing the details of each students is also produced herewith.
of students whose address have number been trace out 23 No.
The Director of Public Instructions DPI , Thiruvananthapuram companysequently issued a numberice dated 07.05.2009 to the Manager of the School of his proposal to revise roll strength and revision of staff strength by reducing one division each in Std.
S. Radhakrishnan, J. Leave granted.
The Assistant Educational Officer AEO , Valappad had fixed the staff strength of S.N.V.U.P. School, Thalikulam for the year 2008 09 based on the visit report of High School Association SS , GHS Kodakara as per Rule 12 of Chapter XXIII of Kerala Education Rules KER .
Later, based on a companyplaint regarding bogus admissions and irregular fixation of staff for the year 2008 09 by the AEO, the Super Check Cell, Malabar Region, Kozhikode made a surprise visit in the school on 17.09.2008 and physically verified the strength of the students and numbericed undue shortage of attendance on that day.
