IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 17837 of 2009(Y)
1. THE MANAGER, HAJI HASSAN YACOOB SAIT
... Petitioner
Vs
1. THE STATE OF KERALA REPRESENTED BY THE
... Respondent
2. THE DIRECTOR OF PUBLIC INSTRUCTION,
3. THE DEPUTY DIRECTOR OF EDUCATION,
4. THE DISTRICT EDUCATIONAL OFFICER,
5. THE ASSISTANT EDUCATIONAL OFFICER,
For Petitioner :SRI.V.A.MUHAMMED
For Respondent : No Appearance
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :26/06/2009
O R D E R
T.R. Ramachandran Nair, J.
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W.P.(C) No. 17837 of 2009-Y
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Dated this the 26th day of June, 2009.
JUDGMENT
The petitioner is the manager of an aided school. Towards the
fixation of establishment of the school for the year 2007-08, one day
verification was held on 10.7.2007. Going by the increase in students
strength and accommodation, additional divisions had to be granted in the
school. Therefore, a higher level verification was conducted on 5.11.2007.
It appears that the Asst. Educational Officer abolished four divisions and he
did not grant additional divisions in spite of eligibility going by students
strength and accommodation. The petitioner filed an appeal before the
Deputy Director of Education.
2. The Deputy Director issued orders requiring the Asst. Educational
Officer to revise the staff fixation considering the English Medium division
in U.P. Section. The said order is produced as Ext.P1. Since nothing is
stated in Ext.P1 about the granting of additional division in L.P. Section,
the petitioner moved a review petition before the Deputy Director. The
Assistant Educational Officer subsequently modified the staff fixation order
without granting any additional division and Ext.P2 is the order thus passed.
wpc 17837/2009 2
The Director has rejected the appeal from Ext.P1, as per Ext.P3. Presently,
Ext.P4 revision petition has been filed before the Government. This writ
petition is filed seeking for appropriate direction to the Government to
dispose of Ext.P4, within a time frame.
2. Heard learned counsel for the petitioner and learned Govt.
Pleader appearing for the respondents.
3. In the light of the fact that Ext.P4 is pending before the
Government, there will be a direction to the first respondent to take a
decision on Ext.P4 after hearing the petitioner also, within a period of three
months from the date of receipt of a copy of this judgment.
The writ petition is disposed of as above.
(T.R. Ramachandran Nair, Judge.)
kav/