IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 26TH APRIL 2011 / 6TH VAISAKHA 1933 WP(C).No. 12381 of 2011(W) --------------------------------------- PETITIONER: ------------------- P.Y.KUNHI MOIDU, S/O.YUSAF HAJI, AGED 58 YEARS, MANAGER, A.M.L.P SCHOOL, PATTAMBI, P.O.PALLIPURAM, KONDOORKKARA, PALAKKAD DISTRICT. BY ADVS. SRI.V.A.MUHAMMED, SRI.K.E.HAMZA. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM-695 014. 3. THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD DISTRICT-678 014. 4. THE ASSISTANT EDUCATIONAL OFFICER, PATTAMBI, PALAKKAD DISTRICT-679 303. R1 TO R4 BY GOVT. PLEADER SMT. M.R. SREELATHA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/04/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. K.SURENDRA MOHAN, J. -------------------------------- W.P.(C).No.12381 of 2011 ---------------------------------------- Dated this the 26th day of April, 2011 JUDGMENT The petitioner is the Manager of A.M.L.P School, Pattambi. According to the petitioner, there is no U.P School in the area maintaining good educational standards. Therefore, yielding to the pressure of the situation, U.P classes are being conducted in a nearby place beyond the L.P.School campus by the petitioner for the convenience of the students. The said School is the A.M.U.P School. The above matter was reported to the authorities by the Vigilance and Anti-Corruption Bureau, Palakkad. On the basis of the above report, the Assistant Educational Officer directed the Manager to initiate disciplinary action against the Headmaster of the A.M.U.P School who caused to issue Transfer Certificates to unrecognized U.P School, A.M.U.P School. The allegation against the petitioner is that he did not comply with the order issued by the Assistant Educational Officer. Therefore a memo of charges was issued by the said Officer and the Deputy Director of W.P.(C).No.12381 of 2011 2 Education passed Ext.P10 holding that the petitioner was unfit to continue as Manager of the School. Against Ext.P10, the petitioner has filed Ext.P11 appeal along with a petition for stay. The complaint of the petitioner is that no orders have been passed either on the appeal or the stay petition by the second respondent so far. Consequently, the petitioner is not able to function as the Manager of the School. In view of the fact that the Ext.P11 appeal is pending consideration before the second respondent, I do not propose to consider the legality of the impugned order. It is sufficient that the second respondent is directed to consider and dispose of Ext.P11 appeal on an early date. In the above circumstances this writ petition is disposed of directing the second respondent to consider Ext.P2 appeal and pass final orders thereon after affording an opportunity of being heard to the petitioner also in accordance with law, as expeditiously as possible, and at any rate within a period of 3 months from the date of receipt of a copy of this judgment. Pending final disposal of the appeal, there shall W.P.(C).No.12381 of 2011 3 be a stay of all further proceedings pursuant to Ext.P10. K.SURENDRA MOHAN, JUDGE. mns