IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 1538 of 2009(G)
1. T.P.MUNEERA, MANAGER
... Petitioner
Vs
1. THE STATE OF KERALA, REPRESENTED BY ITS
... Respondent
2. THE DISTRICT EDUCATIONAL OFFICER
3. THE ASSISTANT EDUCATIONAL OFFICER
4. SMT. I.SUBAIDA
For Petitioner :SRI.V.A.MUHAMMED
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :14/01/2009
O R D E R
K.T.SANKARAN, J.
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W.P.(C) NO. 1538 OF 2009 G
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Dated this the 14th January, 2009
JUDGMENT
The petitioner is the Manager of Mangattumuri A.M.L.P.School,
Olavattur in Malappuram District. It is stated that the fourth respondent
was promoted and appointed as Headmistress with effect from 1.11.2008
in the vacancy which arose on account of the retirement of the then
Headmaster. The proposal for approval of the promotion of the fourth
respondent was rejected by the Assistant Educational Officer as per
Ext.P1 order dated 2.12.2008, on the main ground that “there is no
established Manager to AMLPS, Mangattumuri since the transfer of
Management has not been effected in favour of Smt.Muneera.T.P.”.
2. It is stated that the former Manager of the School was
Sri.Monudheen Haji. He expired on 28.12.1995. He was succeeded by
his legal heirs. The legal heirs of Monudheen Haji sold the properties to
the petitioner as per document No.857 dated 15.5.2003. The petitioner
claims that he became the owner of the School and accordingly the
Manager of the School. It is also stated that as per Ext.P2 order dated
22.3.2004, the Assistant Educational Officer provisionally approved the
change of management in favour of the petitioner with effect from
W.P.(C) NO.1538 OF 2009
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15.5.2003. It is also stated that on 23.6.2003, the petitioner had
appointed an Arabic teacher on the basis of Ext.P2 provisional approval
and that appointment was approved by the Assistant Educational Officer,
as per Ext.P3 order. Challenging Ext.P1, the petitioner has filed Ext.P4
appeal before the District Educational Officer, Malappuram. Ext.P4
appeal has not been disposed of so far.
3. The reliefs prayed for in the Writ Petition are the following:
“(i) call for the records relating to Exhibit P1 and quash
the original of the same by the issue of a writ of
certiorari or other appropriate writ or order;
(ii) issue a writ of mandamus or other appropriate writ
order or direction commanding 3rd Respondent to
approve the promotion of the 4th Respondent as
Headmistress of the School forthwith;
(iii) issue a writ of mandamus or other appropriate writ
order or direction commanding the 2nd Respondent
District Educational Officer, Malappuram to effectively
consider and pass appropriate orders upon Exhibit P4
after affording an opportunity of being heard to the
petitioner within a time limit;
(iv) pass such other order or direction which this Hon’ble
Court may deem fit and proper to grant in the
circumstances of the case.”
4. Learned counsel for the petitioner submits that, for the present,
the petitioner would be satisfied if relief No.(iii) is granted. Learned
Government Pleader submitted that the District Educational Officer will
pass appropriate orders on Ext.P4 appeal expeditiously.
W.P.(C) NO.1538 OF 2009
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In the facts and circumstances of the case, the Writ Petition is
disposed of as follows:
a) The District Educational Officer, Malappuram shall consider and
dispose of Ext.P4 appeal as expeditiously as possible and, at any
rate, within a period of two months from the date of receipt of a
copy of the judgment, after affording an opportunity of being heard
to the petitioner and the fourth respondent.
b) The petitioner shall produce a copy of the Writ Petition and certified
copy of the judgment before the District Educational Officer.
(K.T.SANKARAN)
Judge
ahz/