High Court of KeralaWP(C)/19797/2014disposed of

The Manager v. The Director Of Public Instructions

2015-01-23Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 23RD DAY OF JANUARY 2015/3RD MAGHA, 1936 WP(C).No. 19797 of 2014 (Y) ---------------------------- PETITIONER:

------------------- THE MANAGER, AIDED U.P.SCHOOL, PERINKULAM, P.O.PERINKULAM, (VIA) ALATHUR, PALAKKAD DISTRICT.

BY ADV. DR.GEORGE ABRAHAM RESPONDENT(S):

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

1. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001.

2. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

BY GOVERNMENT PLEADER SMT.LOWSY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 19797 of 2014 (Y) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

------------------------------------- EXHIBIT P1 : TRUE COPY OF THE PROCEEDINGS DATED 28-6-1971 OF REGIONAL DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS, CALICUT. EXHIBIT P2 :

TRUE COPY OF DETAILS OF STAFF STRENGTH OF THE SCHOOL GIVEN BY THE HEADMISTRESS DATED 20-6-2014.

EXHIBIT P3 : TRUE COPY OF THE STAFF FIXATION ORDER OF THE SCHOOL FOR THE ACADEMIC YEAR 2013-2014.

EXHIBIT P4 : TRUE COPY OF THE DETAILS OF PAYMENTS TOWARDS SALARY AND OTHER ALLOWANCES MADE TO THE TEACHERS AND STAFF OF THE SCHOOL.

EXHIBIT P5 :

TRUE COPY OF THE PERMISSION SOUGHT FOR BY THE MANAGER TO CLOSE DOWN THE SCHOOL, DATED 1-2-2013.

EXHIBIT P6 :

TRUE COPY OF THE COMMUNICATION SENT BY THE PETITIONER TO THE 1ST RESPONDENT, DATED 22-5-2014.

EXHIBIT P7 : TRUE COPY OF POSTAL ACKNOWLEDGMENT CARD SHOWING THAT EXT.P6 HAS BEEN DELIVERED TO THE 1ST RESPONDENT. RESPONDENT(S)' EXHIBITS:

- NIL --------------------------------------- /TRUE COPY/ P.S. TO JUDGE mbr/

A.MUHAMED MUSTAQUE, J.

***************************************************** W.P.(C) No.19797 of 2014 ***************************************************** Dated this the 23rd day of January, 2015

JUDGMENT

The petitioner is the Manager of an aided U.P. School, Perinkulam in Palakkad District. It is submitted that there are no sufficient number of students in the School and presently 37 students in Classes V to VII and there are several teachers apart from non-teaching staffs. The petitioner finds that it is appropriate to close down the school and no students will be effected on account of close down the School. He made Ext.P6 representation before the first respondent.

Considering the representation as above, there shall be a direction to the first respondent to take appropriate decision on Ext.P6 in terms of Chapter V of Rule 24(1) of the Kerala Education Rules within a period of three months. The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln