IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 2ND JUNE 2011 / 12TH JYAISHTA 1933 WP(C).No. 25036 of 2007(E) --------------------------------- PETITIONER: --------------- K.G.SURESH KUMAR, AGED 40 YEARS, S/O K.K.GOVINDA KURUP, WORKING AS LOWER GRADE HINDI TEACHER, HIGH SCHOOL, EDAPPON, MAVELIKARA TALUK, (RESIDING AT KANKULATHU VADAKKETHIL, PENNUKKARA P.O., CHENGANNUR). BY ADV. SRI.C.HARIKUMAR SRI.N.ASHOK KUMAR RESPONDENT(S): ------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. THE DISTRICT EDUCATIONAL OFFICER, MAVELIKKARA. 4. THE MANAGER, EDAPPON HIGH SCHOOL, EDAPPON, MAVELIKKARA TALUK. ADV.SRI. ANTONY MUKKATH - GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 25036 of 2007 APPENDIX PETITIONER'S EXHIBITS EXT.P1: COPY OF PROVISIONAL APPOINTMENT ORDER DATED 12-10-2000 ISSUED BY R4. EXT.P2: COPY OF APPOINTMENT ORDER DTD 6-6-2001 ISSUED BY R4. EXT.P3; COPY OF ORDER DATED 20-7-07 ISSUED BY R3. EXT.P4: COPY OF REPRESENTATION DATED 4-2-09. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) No.25036 OF 2007 ---------------------------------------------- Dated this the 2nd day of June, 2011 JUDGMENT The petitioner is a teacher thrown out from an aided School for want of sufficient student- strength to accommodate the petitioner as a teacher. The petitioner submits that the particular school is a High School with U.P. Section. If the U.P. School and High School Sections are separate Schools, the student-strength has to be ascertained separately, in which case the petitioner would not have been thrown out. The petitioner submits that the mode of calculating the student-strength is discriminatory and ultra vires the constitution. Now that the petitioner is out of service the petitioner has filed Ext.P4 representation, a copy of which is produced along with I.A.No.13569/2009, before the 1st respondent. For the present, the petitioner would be satisfied with a direction to the 1st respondent to consider and pass orders on Ext.P4 expeditiously. Having heard the learned Government Pleader also, I W.P.(C)No.25036/07 2 dispose of this writ petition with a direction to the 1st respondent to consider and pass orders on Ext.P4, after affording an opportunity of being heard to the petitioner as well as the 4th respondent Manager, as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment. S. SIRI JAGAN, JUDGE acd W.P.(C)No.25036/07 3