High Court Kerala High Court

The Manager vs The State Of Kerala on 4 October, 2010

Kerala High Court
The Manager vs The State Of Kerala on 4 October, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 30252 of 2010(F)


1. THE MANAGER,
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA,
                       ...       Respondent

2. THE DIRECTOR OF PUBLIC INSTRUCTION,

3. THE DEPUTY DIRECTOR OF EDUCATION,

4. THE DISTRICT EDUCATIONAL OFFICER,

5. THE ASSISTANT EDUCATIONAL OFFICER,

                For Petitioner  :SRI.V.A.MUHAMMED

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :04/10/2010

 O R D E R
                           K.T.SANKARAN, J.
              ------------------------------------------------------
                  W.P.(C). NO. 30252 OF 2010 F
              ------------------------------------------------------
              Dated this the 4th day of October, 2010


                                 JUDGMENT

The petitioner is the Manager of Koorikkuzhi A.M.U.P.School,

Kaipamangalam. It is stated that one day verification of the student

strength for 2009-10 was made on 14.7.2009 and thereafter, high

level verification was also held. In the one day verification, according

to the petitioner,the educational officer omitted to note that 68 private

study students were there in the School. On the basis of the one day

verification, it is stated that instead of 24 class divisions, only 18

divisions were sanctioned for 2009-10. Challenging non-grant of six

posts of LPSA/UPSA, the petitioner preferred appeal before the

Deputy Director of Education. The appeal was rejected as per

Ext.P5 order dated 30.3.2010. Challenging Ext.P5 order, the

petitioner has filed Ext.P6 statutory appeal before the Government.

Ext.P6 is pending disposal.

2. The reliefs prayed for in the Writ Petition are the following:

W.P.(C) NO.30252 OF 2010

:: 2 ::

“(i) call for the records relating to Exhibits P2 and P5

and quash the originals of the same by the issue

to the extent they exclude 68 students towards

the staff fixation order 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 the

Department to revise the staff fixation order by

reckoning those 68 students who are excluded

from consideration.

(iii) issue a writ of mandamus or other appropriate

writ order or direction commanding the 1st

Respondent to effectively consider and pass

appropriate orders upon Exhibit P6 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.”

3. The learned counsel for the petitioner submits that, for the

time being, it is sufficient if Ext.P6 is directed to be disposed of by

the first respondent.

W.P.(C) NO.30252 OF 2010

:: 3 ::

Since Ext.P6 appeal is pending before the Government, I do

not think that it is proper to consider the contentions of the petitioner

on the merits. The Writ Petition is disposed of as follows:

a) The first respondent shall consider and pass orders on Ext.P6

as expeditiously as possible and, at any rate, within a period

of three months from the date of receipt of a copy of the

judgment, after affording an opportunity of being heard to the

petitioner and any other affected party.

b) The petitioner shall produce a copy of the Writ Petition and a

certified copy of the judgment before the first respondent.

(K.T.SANKARAN)
Judge

ahz/