The first petitioner is the Manager of V.R.C.M. U.P. School, Vallanghy, Kollangode in Palakkad District. The second petitioner is an Upper Primary School Assistant in the said school appointed on 1.6.2010. In the staff fixation order of the school for the year 2010-11, 26 divisions were sanctioned. However, later in the course of the academic year, the Super Check Cell attached to the office of the Director of Public Instruction conducted an inspection in the school and found that there were bogus admissions in the school. Ext.P3 is the order issued by the Super Check Officer. As per Ext.P3, the number of divisions sanctioned for the year 2010-11 was reduced to 25 from 26 and the staff fixation order was modified accordingly. Petitioners are aggrieved by the decision of the Super Check Officer. The first petitioner, in the circumstances, preferred Ext.P5 revision before the Government against Ext.P3 order. In W.P.(C).No.24150 of 2011 2 Ext.P5 revision, the factual finding arrived at by the Super Check Officer was attacked on various grounds. Ext.P6 is the decision taken by the Secretary to Government on Ext.P5 revision. Ext.P6 does not indicate that the grounds raised by the first petitioner in Ext.P5 revision have been considered by the Government. It only recites that the decision taken by the Director of Public Instruction in this matter is correct. No reason whatsoever is given in Ext.P6 in support of the aforesaid conclusion arrived at by the Government. Ext.P6 decision is thus vitiated by non application of mind. Further, the decision of the Government is not seen expressed in the name of the Governor as required by the provisions of the Constitution of India. Ext.P6, in the circumstances, is liable to be quashed.
2. In the result, Ext.P6 letter issued by the Secretary to the Government is quashed and the first respondent is directed to consider and take a decision on Ext.P5 revision preferred by the first petitioner afresh in accordance with law, after affording an opportunity of W.P.(C).No.24150 of 2011 3 hearing to the petitioners, within a period of three months from today.
stu Sd/-
P.B.SURESH KUMAR, JUDGE.