High Court Kerala High Court

Shibu George vs The Deputy Director Of Education on 15 November, 2010

Kerala High Court
Shibu George vs The Deputy Director Of Education on 15 November, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 32278 of 2010(H)


1. SHIBU GEORGE,HEADMASTER,ASRAM.H.S.S,
                      ...  Petitioner

                        Vs



1. THE DEPUTY DIRECTOR OF EDUCATION,
                       ...       Respondent

2. THE DISTRICT EDUCATIONAL OFFICER,

3. THE MANAGER,THE MAR THOMA & E.A.SCHOOLS

4. SMT.K.MARYKUTTY,HEADMISTRESS,

                For Petitioner  :SRI.ELVIN PETER P.J.

                For Respondent  : No Appearance

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

 Dated :15/11/2010

 O R D E R
                        K.T.SANKARAN, J.
                   ---------------------------------------------
                    W.P.(C).No.32278 of 2010
                   ---------------------------------------------
            Dated this the 15th day of November, 2010



                             JUDGMENT

The reliefs prayed for by the petitioner in the Writ

Petition are the following :

“(i) issue a writ of certiorari or any other

appropriate writ, direction or order calling for the

records leading to Exhibits P5 and P6 and

quashing the same, to the extent it rejects the

promotion of the petitioner as Headmaster and

approves the promotion of the fourth respondent

as Headmistress.

(ii) issue a writ of mandamus or any other

appropriate writ, direction or order directing

respondents 1 and 2 to approve the promotion of

the petitioner as Headmaster in preference to the

fourth respondent.

(iii) issue a writ of mandamus or any other

appropriate writ, direction or order directing the

first respondent to consider and pass orders on

Exhibits P7 appeal forthwith.

(iv) and grant such other and further reliefs

as this Hon’ble Court may deem fit and proper in

the circumstances of the case including costs.”

WPC No.32278/2010 2

2. The learned Government Pleader submitted that the

first respondent heard the parties in Exhibit P7 appeal and

orders were reserved. It is stated that Exhibit P7 appeal was filed

against Exhibits P5 and P6 orders. Therefore, when Exhibit P7

appeal is pending, it is not necessary and proper to entertain the

attack on Exhibits P5 and P6. The learned Government Pleader

having stated that Exhibit P7 appeal was heard and orders were

reserved, it is sufficient, if the Writ Petition is disposed of

directing the first respondent to dispose of Exhibit P7 appeal

within a period of one month. Accordingly, there will be a

direction to the first respondent to dispose of Exhibit P7 appeal

within a period of one month from the date of receipt of a copy of

the judgment.

The Writ Petition is disposed of as above.

K.T.SANKARAN
JUDGE
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