IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 30TH MAY 2011 / 9TH JYAISHTA 1933 WP(C).No. 14515 of 2011(L) -------------------------- PETITIONER(S): --------------- NAGATH.V.RAJEEVAN,NAGATH HOUSE, KARUVANNOOR.P.O,KOZHIKODE DISTRICT, PIN-673614. BY ADV. SRI.SAJU JOHN RESPONDENT(S): --------------- 1. STATE OF KERALA,REPRESENTED BY THE SECRETARY TO GENERAL EDUCATION DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM,PIN-695001. 2. DIRECTOR OF PUBLIC INSTRUCTION, DIRECTORATE OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM,PIN-695014. 3. ASSISTANT EDUCATIONAL OFFICER, QUILANDY,KOZHIKODE DISTRICT,PIN-673305. 4. THE MANAGER,MODAKKALLOOR.A.U.P.SCHOOL, MODAKKALLOOR.P.O,KOZHIKODE,PIN-673321. 5. N.K.AMBUJAM,KAILAS HOUSE,CHEMBRA ROAD, PERAMPRA.P.O,KOZHIKODE DISTRICT,PIN-673525. 6. MODAKKALLOOR.A.U.P.S,MANAGEMENT COMMITTEE,REPRESENTED BY ITS PRESIDENT, MODAKKALLOOR.P.O,KOZHIKODE DISTRICT. GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.14515/2011-L ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 30 th day of May, 2011 J U D G M E N T The petitioner seeks for various directions including one to the Director of Public Instruction to dispose of Ext.P8 appeal filed by the petitioner against Ext.P5 order approving the appointment of the fifth respondent as the Manager of Modakkalloor A.U.P School, Kozhikode District. 2. The petitioner claims to be one of the members of the Managing Committee of the school. An election was held recently to elect the members of Executive Committee as well as to other posts like, President, Vice President, Secretary, Joint Secretary etc. The fifth respondent is a newly elected Manager of the school. With regard to the election conducted, the petitioner has filed O.S.No.24/2011 before the Munsiff Court, Quilandy, and a copy of the plaint therein is produced as Ext.P2. It is also stated that I.A.No.67/11 in O.S.No.24/2011 seeking temporary injunction prohibiting the A.E.O, Quilandy from W.P.(C). No.14515/2011 -:2:- approving the decision of the Managing Committee of the school is also pending. 3. It is the case of the petitioner that he had raised an objection against the approval sought by the fifth respondent as Manager, but without any notice or hearing him, by Ext.P5 order the fifth respondent has been approved as Manager. 4. In these circumstances, the petitioner has filed an appeal before the Director of Public Instruction as per Ext.P8 and the petitioner has also sought for an interim order in the matter, namely, for preventing the new Manager from making any regular appointments. It is also stated that going by the decision of the General Body any qualified, unemployed, members of the Managing Committee or their legal heirs are entitled for appointment in any of the vacancies in the school. It is further stated that the petitioner's wife is a genuine claimant. 5. I am not deciding anything on the merits of the claim raised in the writ petition, either with regard to the decision of approval of Manager or with W.P.(C). No.14515/2011 -:3:- regard to the claim raised in respect of his wife. It is upto the Director of Public Instruction to take a decision on Ext.P8 appeal after hearing all the parties. 6. Therefore, there will be a direction to the second respondent to take a decision on Ext.P8 after hearing the petitioner and respondent Nos.5 and 6 within a period of six weeks from the date of receipt of a copy of this Judgment. The petitioner will produce a copy of the writ petition along with a copy of the Judgment before the second respondent for compliance. The writ petition is disposed of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms \\TRUE COPY// P.A TO JUDGE