Manager vs The Director Of Public … on 28 October, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 30624 of 2009(W)


1. MANAGER, NEW HIGHER SECONDARY SCHOOL
                      ...  Petitioner

                        Vs



1. THE DIRECTOR OF PUBLIC INSTRUCTIONS,
                       ...       Respondent

2. THE DEPUTY DIRECTOR OF EDUCATION,

3. THE DISTRICT EDUCATIONAL OFFICER,

                For Petitioner  :SRI.KRB.KAIMAL (SR.)

                For Respondent  : No Appearance

The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

 Dated :28/10/2009

 O R D E R
                    T.R. RAMACHANDRAN NAIR, J.
                      ~~~~~~~~~~~~~~~~~~~~~~~~~~~
                        W.P.(C). No.30624/2009-W
                      ~~~~~~~~~~~~~~~~~~~~~~~~~~~
                  Dated this the 28th day of October, 2009

                              J U D G M E N T

The petitioner is the Manager of New Higher Secondary School,

Nellimoodu, Neyyattinkara. The school was established in the year 1954. It

is averred that the property of the school comprises of 3 Acres and 37 cents.

Even from the inception, nursery school with lower primary classes were

being conducted by the Management, in separate premises. The same are

not aided or recognised.

2. The petitioner is aggrieved by Ext.P13 order passed by the

District Educational Officer withdrawing the recognition of the school on

the ground that the directions issued by the Department to cease the

functioning of the “New Sisuvihar Nursery and L.P.S. Nellimoodu” are not

being complied with by the Manager. Against Ext.P13, Ext.P14 appeal is

filed by the Manager before the Deputy Director of Education. It is in these

circumstances, the petitioner has approached this Court challenging Ext.P13

and seeking for a direction to dispose of the appeal within a specified time.

3. Heard the learned Government Pleader appearing for the

respondents.

W.P.(C). No.30624/2009
-:2:-

4. There will be a direction to the second respondent-Deputy

Director of Education to take a decision on Ext.P14 after hearing the

petitioner within a period of six weeks from the date of receipt of a copy of

this judgment. The implementation of Ext.P13 will stand stayed till Ext.P14

appeal is disposed of. The petitioner will produce the copy of the judgment

along with a copy of the writ petition before the second respondent for

compliance.

The writ petition is disposed of as above. No costs.

(T.R. Ramachandran Nair, Judge.)

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