General Manager v. The District Educataional Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR.JUSTICE K.HARILAL MONDAY, THE 30TH DAY OF MARCH 2015/9TH CHAITHRA, 1937 WA.NO. 1848 OF 2009 ---------------------------------- AGAINST THE JUDGMENT IN WP(C) 1229/2008 OF HIGH COURT OF KERALA DATED 29-09-2008 .....

APPELLANT(S)/PETITIONERS IN WPC::

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1. GENERAL MANAGER, CTC EDUCATIONAL AGENCY, ST.JOSEPH'S VIDYABHAVAN, EDAPPALLY, (REPRESENTED BY HER POWER OF ATTORNEY HOLDER SR.MELITTA)

2. SR. MARY JAIN, CLERK, LFHS, KUMBALANGHI.

3. ANNIE V.T., FULL TIME MENIAL, ST.FRANCIS HIGH SCHOOL FOR GIRLS, ALUVA.

BY ADV. SRI.KURIAN GEORGE KANNANTHANAM (SR.) RESPONDENT(S)/RESPONDENTS IN WPC::

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1. THE DISTRICT EDUCATIONAL OFFICER, ERNAKULAM.

2. THE DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM.

3. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM.

4. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

BY SR. GOVERNMENT PLEADER SRI.P.M. SANEER THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 30-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

OKB

THOTTATHIL B. RADHAKRISHNAN & K. HARILAL, JJ. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Writ Appeal No.1848 of 2009 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Dated this the 30th day of March, 2015.

JUDGMENT

Thottathil B. Radhakrishnan, J.

1. Heard.

2. The issue in this case relates to the question as to whether permission could be granted to admit boys in Standard V to VII in two schools from the academic year 2007-2008. Though the learned single Judge has held that the department shall reckon the strength of boys admitted in the schools from the academic year 2008-2009, in the fitness of things, it is appropriate that Ext.P8 is taken up by the Government and a decision is taken on all issues, notwithstanding anything stated in the impugned judgment.

3. In the aforesaid view of the matter, this writ appeal is ordered directing that Ext.P8 will be taken up by the Government and

W.A.1848/09-E (2) appropriate orders will be issued after hearing the necessary parties. This can be done untrammelled by anything stated in the impugned judgment.

The writ appeal is ordered accordingly.

Sd/- THOTTATHIL B. RADHAKRISHNAN, JUDGE Sd/- K. HARILAL, JUDGE okb.