High Court Kerala High Court

The Manager vs The Assistant Educational … on 2 November, 2010

Kerala High Court
The Manager vs The Assistant Educational … on 2 November, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 31536 of 2010(N)


1. THE MANAGER,
                      ...  Petitioner

                        Vs



1. THE ASSISTANT EDUCATIONAL OFFICER,
                       ...       Respondent

2. THE DISTRICT EDUCATIONAL OFFICER,

3. THE DEPUTY DIRECTOR OF EDUCATION,

4. THE DIRECTOR OF PUBLIC INSTRUCTION,

5. THE DISTRICT COLLECTOR,

6. GOVERNMENT OF KERALA,

                For Petitioner  :SRI.V.M.KURIAN

                For Respondent  : No Appearance

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

 Dated :02/11/2010

 O R D E R
                      K.T.SANKARAN, J.
                 ---------------------------------------------
                  W.P.(C).No.31536 of 2010
                 ---------------------------------------------
            Dated this the 2nd day of November, 2010



                          JUDGMENT

The petitioner is the Manager of St.Joseph’s L.P. School,

Karayamparambu. The school is a Pre KER School. It is stated

that the school was established and administered by a Christian

Religious Minority under the St. Joseph’s Catholic Church of the

Arch Diocese of Ernakulam – Angamaly. The school is an

‘uneconomic’ school. During 2009-2010, the total strength of the

students in classes 1 to 4 was 47. It is stated that the students’

strength for 2010-2011 is only 19.

2. The school is situated on the side of the National

Highway. The total extent of the school compound was 22.362

cents in survey No.260/7 of Karukutty Village. Out of this extent,

an extent of 10.872 cents was acquired for widening the National

Highway. A major portion of the building was demolished.

WPC No.31536/2010 2

3. According to the petitioner, it is not possible to

continue the school in the remaining portion. According to him,

there is no educational need to continue the school. The

petitioner expressed his desire to close down the school by

Exhibit P3 communication addressed to the Assistant

Educational Officer with copy to the Director of Public

Instruction, Deputy Director of Education and District

Educational Officer. Exhibit P4 letter dated 19.10.2009 was

issued by the Director of Public Instruction to the Government,

taking into account Exhibit P3 submitted by the petitioner as

well. In Exhibit P4, the Director of Public Instruction pointed out

that the classes cannot be conducted in the remaining portion of

the school. The students studying in the school belong to

economically weaker sections of the society. In the vicinity,

there are no other schools to accommodate these students.

According to the Director of Public Instruction, a two storied

building can be constructed in the remaining portion of the land,

so that the school can be retained.

4. On receipt of the copy of Exhibit P4, the petitioner

WPC No.31536/2010 3

sent a detailed representation dated 6th November, 2009 to the

Government. The petitioner requested that the students may be

allowed to continue their studies in the nearby school.

According to the petitioner, it is not feasible to construct a

school building in the remaining portion of the property left after

acquisition.

5. The Tahsildar, Aluva sent Exhibit P10 report dated

9.6.2010 to the District Collector, Ernakulam stating that the

school building should be demolished. The report indicates that

the Headmistress was of the view that the school should be

retained in the same place. The Tahsildar suggested admission

of the students in the nearby school and demolition of the old

building.

6. As per Exhibit P11 communication dated 17.6.2010,

the Assistant Educational Officer directed the petitioner to stop

the functioning of the school in the old building and to find out

alternate accommodation. The petitioner replied as per Exhibit

P12 dated 21.6.2010 stating that alternative accommodation can

WPC No.31536/2010 4

be arranged by taking a building on rent for a period of one year

ending with 31st March, 2011.

7. As per Exhibit P13 dated 28.6.2010, the District

Educational Officer directed the Manager to continue the classes

in the alternative accommodation. It is stated that a building

was taken on rent and the school is functioning in that rented

building.

8. While so, the Government passed Exhibit P17 order

dated 11.8.2010 directing the petitioner to construct building

in the remaining portion of the land to accommodate four class

rooms with the required facilities. Exhibit P17 was addressed to

the Director of Public Instruction to issue appropriate directions

to the Manager. It is also stated in Exhibit P17 that if the

direction is not complied with within six months, the school

would be taken over by the Government.

9. Exhibit P17 is under challenge in this Writ Petition.

There is also a prayer to declare that the petitioner is entitled to

WPC No.31536/2010 5

close down the school.

10. One of the main grievance put forward by the

petitioner is that he was not heard by the Government before

passing Exhibit P17 order. The detailed representation

submitted by him was also not considered. The report submitted

by the Tahsildar was also not taken note of. According to the

petitioner, all the affected parties should have been heard and a

just and proper decision should have been taken by the

Government in the matter.

11. Exhibit P17 is cryptic. There is no indication in

Exhibit P17 that the Government took into account the

representation submitted by the petitioner, the report made by

the Tahsildar and the Director of Public Instruction and all that

relevant facts. The petitioner was not afforded an opportunity of

being heard. The Parent Teachers Association and the

Headmistress were also not heard.

12. In the facts and circumstances of the case, I think it

WPC No.31536/2010 6

would be just and proper to direct the Government to consider

the matter afresh, after affording an opportunity of being heard

to all the parties and taking note of all the relevant facts

including the report submitted by the authorities. The views of

the Parent Teachers Association and the teachers represented by

the Headmistress would also be taken note of by the

Government.

13. For the aforesaid reasons, Exhibit P17 is quashed.

The Government shall consider the matter afresh, after affording

an opportunity of being heard to the petitioner (Manager), the

Parent Teachers Association, the teachers represented by the

Headmistress and any other interested parties and shall pass a

considered order after taking note of the ground realities, the

future of the students and the interests of the teachers and the

Manager. It is made clear that I have not expressed any opinion

on the merits of the contentions put forward by the petitioner.

The petitioner shall produce a copy of the Writ Petition and

certified copy of the judgment before the Government

(Respondent No.6).

WPC No.31536/2010 7

14. Though Ext.P17 order is quashed and the matter is

directed to be considered afresh, it is submitted by the petitioner

that as per Exts.P3 and P16 the Manager had expressed his

intention to close down the School. Exts.P3 and P16 shall be

considered by the Director of Public Instruction. The Director of

Public Instruction has to dispose of the matter in the light of

Section 7(6) of the Kerala Education Act and Rule 24 of Chapter

V of the Kerala Education Rules. The learned counsel for the

petitioner submitted that if the matter is decided in favour of the

petitioner by the Director of Public Instruction, it is not

necessary to consider the matter afresh by the Government as a

consequence of quashing Ext.P17. The submission made by the

learned counsel for the petitioner is correct.

15. Therefore, as a first step, Exts.P3 and P16

applications submitted by the petitioner are to be considered by

the Director of Public Instruction. The Director of Public

Instruction shall afford an opportunity of being heard to the

petitioner and take appropriate decision in the matter. If the

decision of the Director of Public Instruction is in favour of the

WPC No.31536/2010 8

petitioner, it is not necessary for the Government to consider the

question involved in Ext.P17 order and which was directed to be

considered afresh as per this judgment. On the other hand, if the

order to be passed by the Director of Public Instruction goes

against the petitioner, the Government will have to consider the

matter afresh consequent on the quashing of Ext.P17 as

aforesaid.

16. It is submitted that the School was commenced 92

years back as a ‘Kudipallikkoodam’. The ‘Kudipallikkoodam’ was

established by the Church. It is true that at present there are

only 19 students in the School. The Manager will also take into

account the fact that the School was established about a century

ago and shall explore the possibilities of getting an alternate

accommodation in a different place, though not a place as

important as the place in which the School was established, so

that the students belonging to the poorer sections can continue

their studies. I have expressed this not as a ground for

denying the rights which the Manager has, but only as a desire

WPC No.31536/2010 9

to continue the School which was established about a century

ago.

The Writ Petition is disposed of as above.

K.T.SANKARAN
JUDGE
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