High Court Kerala High Court

Celine K.John vs The Corporate Educational Agency … on 10 November, 2008

Kerala High Court
Celine K.John vs The Corporate Educational Agency … on 10 November, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 2158 of 2008()


1. CELINE K.JOHN,W/O. LUKOSE,
                      ...  Petitioner

                        Vs



1. THE CORPORATE EDUCATIONAL AGENCY OF
                       ...       Respondent

2. THE STATE OF KERALA, REPRESENTED BY

3. THE DIRECTOR OF PUBLIC INSTRUCTIONS,

4. THE ASSISTANT EDUCATIONAL OFFICER,

                For Petitioner  :SRI.ELVIN PETER P.J.

                For Respondent  : No Appearance

The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice THOMAS P.JOSEPH

 Dated :10/11/2008

 O R D E R
                    J.B.KOSHY & THOMAS P. JOSEPH, JJ.
                             --------------------------------------
                                 W.A.No.2158 of 2008
                             --------------------------------------
                  Dated this the 10th day of November, 2008.

                                       JUDGMENT

Koshy, J.

Revision petition filed by the first respondent/petitioner was allowed as per

Ext.P2 order by the Director of Public Instructions. Later it was suo motu revised

by the Government as per Ext.P6 order. Contention of the appellant/fourth

respondent is that neither the appellant (the affected party) nor the manager

(petitioner) was heard while reversing the statutory revisional order passed by

the revisional authority. We are of the opinion that substantial civil rights of the

parties are affected. In the above circumstances, the affected parties should be

heard before reversing a statutory revisional order. Hence we set aside Ext.P6

order and direct the Government to pass fresh orders after hearing the petitioner

(first respondent herein) as well as the affected teacher (appellant herein),

untrammelled by any of the observations made by the learned Single Judge. We

are not expressing any opinion on the merits of the matter. In view of the

WA No.2158/2008

2

circumstances, we direct that the matter should be heard and fresh orders

should be communicated to the parties within a period of three weeks from the

date of receipt of a copy of this judgment.

Writ Appeal is disposed of as above.

J.B.KOSHY,
JUDGE.

THOMAS P.JOSEPH,
JUDGE.

cks