IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 6793 of 2009(T)
1. SRI.P.V.MATHEWKUTTY, AGED 78,
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY THE
... Respondent
2. THE DIRECTOR OF PUBLIC INSTRUCTION,
3. THE ASSISTANT EDUCATIONAL OFFICER,
4. THE STAFF COMMITTEE, REPRESENTED BY ITS
5. THE HEADMASTER,
For Petitioner :SRI.ELVIN PETER P.J.
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :03/03/2009
O R D E R
P.N.RAVINDRAN, J.
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W.P.(C).No.6793 of 2009 - T
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Dated this the 3rd day of March, 2009
J U D G M E N T
Heard Sri.Elvin Peter, the learned counsel appearing for the
petitioner and Sri.A.J.Varghese, the learned Government Pleader
appearing for respondents 1 to 3. In the nature of order that I
propose to pass, it is not necessary to issue notice to or hear
respondents 4 and 5.
2. The petitioner is the owner of the land and building
where RSSRVMG L.P. School is situate. The school is being
managed by the staff since 1954. Claiming that he is the owner
of the school, the petitioner moved the Assistant Educational
Officer, Kunnamkulam to approve him as the Manager of the
school. That application was rejected by Ext.P2 order dated
15.10.2008. Aggrieved thereby, the petitioner moved the
Director of Public Instruction in appeal. By Ext.P3 passed on
4.2.2009, the Director of Public Instruction rejected the appeal.
The petitioner thereupon filed Ext.P4 revision petition before the
State Government under Rule 4 of Chapter III of the KER. In this
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writ petition, the petitioner inter alia seeks a direction to the
Secretary to Government, General Education Department, to
consider and pass orders on Ext.P4 revision petition within a time
limit to be fixed by this Court.
3. The dispute relates to management of the school.
Rule 4(4) of Chapter III of the KER empowers the Government to
revise any order passed by the Director of Public Instructions in
the matter of approval of change in management. Therefore, the
Government have got the jurisdiction to entertain Ext.P4 and
pass orders thereon. Since the petitioner has invoked a remedy
available to him in law, it is premature for this Court to enquire
into and adjudicate upon the issue at this stage. I accordingly
dispose of this writ petition with a direction to the Secretary to
Government, General Education Department to issue notice to
the petitioner and respondents 4 and 5 and pass orders on Ext.P4
revision petition after affording them a reasonable opportunity of
being heard. The Secretary to Government shall also ascertain
the views of respondents 2 and 3 before passing orders in the
matter. Final orders in the matter shall be passed within a period
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of six months from the date of receipt of a certified copy of this
judgment. The Secretary to Government shall pass an order
giving reasons in support of his conclusions and after orders are
passed, communicate a copy thereof to the petitioner and
respondents 4 and 5. I make it clear that I have not expressed
any opinion on the merits of the petitioner’s claims and
contentions.
The writ petition is disposed of as above.
P.N.RAVINDRAN,
JUDGE.
bkn/-