High Court of KeralaWP(C)/5841/2015disposed of

Manager, Pcalp School v. State Of Kerala

2015-02-24Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 24TH DAY OF FEBRUARY 2015/5TH PHALGUNA, 1936 WP(C).No. 5841 of 2015 (E) --------------------------- PETITIONER(S):

-------------- MANAGER, PCALP SCHOOL KAVASSERI POST, PALAKKAD-678543.

BY ADV. SRI.U.BALAGANGADHARAN RESPONDENT(S):

--------------

1. STATE OF KERALA REPRESENTED BY SECRETARY GENERAL EDUCATION DEPARTMENT THIRUVANANTHAPURAM-695001.

2. THE DIRECTOR OF PUBLIC INSTRUCTIONS THIRUVANANTHAPURAM-695001.

3. THE DISTRICT EDUCATIONAL OFFICER PALAKKAD-678001.

4. THE ASSISTANT EDUCATIONAL OFFICER ALATHUR, PALAKKAD-678541.

R BY GOVERNMENT PLEADER: SRI V VIJULAL SR.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 5841 of 2015 (E) APPENDIX PETITIONER(S)' EXHIBITS :

------------------------ EXHIBIT P1: A TRUE COPY OF APPOINTMENT ORDER DATED 19.11.2012 ISSUED BY THE PETITIONER TO MS. SHONA.

EXHIBIT P2: A TRUE COPY OF PROCEEDINGS OF 4TH RESPONDENT DATED 26.3.2015.

EXHIBIT P3: A TRUE COPY THE PROCEEDINGS OF 3RD RESPONDENT DATED 20.02.2014.

EXHIBIT P4: A TRUE COPY OF THE REVISION PETITION FILED BY THE PETITIONER TO SECOND RESPONDENT DATED 28.3.2014. EXHIBIT P5: A TRUE COPY OF REPRESENTATION OF MS. SHONA DATED 28.3.2014 TO SECOND RESPONDENT EXHIBIT P6: A TRUE COPY OF PROCEEDINGS OF 4TH RESPONDENT DATED 15.7.2014.

RESPONDENT(S)' EXHIBITS:NIL True Copy/ P A to Judge

A.MUHAMED MUSTAQUE, J.

========================= W.P(C).No.5841 of 2015 ============================ Dated this the 24th day of February, 2015

JUDGMENT

Petitioner is the Manager of an aided school. Petitioner has appointed one Shona as Lower Primary School Assistant on 19.11.2012 consequent upon the resignation of a regular teacher. The appointment was not approved by the Assistant Educational Officer holding that it is an uneconomic school. An appeal was filed before the District Educational Officer. District Educational Officer also reiterated the same. Thereafter petitioner approached the second respondent Director of Public Instruction by way of revision petition. Ext.P5 is the revision. But so far no decision has taken by the second respondent. Aggrieved petitioner approached this Court.

In view of the above, there shall be a direction to the second respondent Director of Public Instruction to consider Ext.P5 after affording an opportunity of hearing to the petitioner within a period of two months from the date of receipt of a copy of this judgment.

Sd/- A.MUHAMED MUSTAQUE, JUDGE.

Sbna/24/02/15