High Court Kerala High Court

The Manager vs State Of Kerala on 25 June, 2009

Kerala High Court
The Manager vs State Of Kerala on 25 June, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 6121 of 2009(I)


1. THE MANAGER, BAKHITA BHAVAN, BAKHITA
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY ITS
                       ...       Respondent

2. THE DIRECTOR OF PUBLIC INSTRUCTIONS,

3. THE DISTRICT EDUCATIONAL OFFICER,

                For Petitioner  :SRI.N.JAMES KOSHY

                For Respondent  : No Appearance

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

 Dated :25/06/2009

 O R D E R
                T.R. RAMACHANDRAN NAIR, J.
              ---------------------------------------
                  W.P.(C) No.6121 OF 2009
              ---------------------------------------
            Dated this the 25th day of June, 2009.


                        J U D G M E N T

The petitioner has filed this writ petition challenging

Exhibit P20 order by which the application for upgradation of

petitioner’s school as High School was rejected by the

Government. Apart from raising various contentions on the

merits of the matter, learned counsel for the petitioner submitted

that on a short ground, the matter will have to be sent back to

the Government for reconsideration. It is submitted that the

matter was heard on 20.06.2008 by the then Under Secretary to

Government and thereafter, Exhibit P20 order dated 17.11.2008

was passed by relying upon the letter dated 05.11.2008 of the

Director of Public Instruction, Thiruvananthapuram. This is

evident from paragraph 4 of the order.

2. Heard the learned Government Pleader appearing for the

respondents.

W.P.(C) No.6121/2009 2

3. Presently, Exhibit P20 order has been passed by the

Government after relying upon the contents of the said letter. It

is pointed out by the learned counsel for the petitioner that the

details of the same have not been communicated to the

petitioner and the petitioner did not get an opportunity to object

to the contents of the said letter. It is also pointed out that the

Government has relied upon G.O.(P) No.107/07/G.Edn dated

13.06.2007 while passing Exhibit P20 order, but the said

Government Order has been set aside by this Court in State of

Kerala vs. Manager, Nirmala Public School and another

(2008(2)KHC 836).

4. In the light of the above factual position, the matter will

have to be re-heard by the Government after affording an

opportunity to the petitioner to submit their objections regarding

the contents of the letter dated 05.11.2008 of the Director of

Public Instruction as well as other materials that is relied upon by

the Government in Exhibit P20.

Therefore, this writ petition is allowed. Exhibit P20 is

quashed. There will be a direction to the Government to take a

W.P.(C) No.6121/2009 3

fresh decision in the matter, after hearing the petitioner, within a

period of two months from the date of receipt of a copy of this

judgment.

T.R. RAMACHANDRAN NAIR
JUDGE

smp