IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 4TH JULY 2011 / 13TH ASHADHA 1933 WP(C).No. 12950 of 2011(P) -------------------------- PETITIONER: --------------- THE MANAGER,ST. MARY'S L.P SCHOOL, MARIYAPURAM.P.O, NEYYATINKARA TALUK, TRIVANDRUM. BY ADV. SRI.C.S.MANILAL SRI.S.NIDHEESH RESPONDENT(S): --------------- 1. THE DIRECTOR OF PUBLIC INSTRUCTION, TRIVANDRUM-695 001. 2. THE ASSISTANT EDUCATIONAL OFFICER, NEYYATINKARA, TRIVANDRUM - 695 121. BY GOVT.PLEADER SMT.RANI DIOTHIMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.12950/11 PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE ORDER OF THE DPI DT.29.3.11. EXT.P2 : COPY OF THE EXPLANATION SUBMITTED BY THE PETITIONER BEFORE THE DPI DT.16.4.11. EXT.P3 : COPY OF THE EXPLANATION SUBMITTED BY THE HEADMISTRESS OF THE SCHOOL TO DPI. EXT.P4 : COPY OF THE FORWARDING LETTER ISSUED BY HEADMISTRESS TO THE AEO DT.8.4.11. EXT.P5 : COPY OF THE ORDER DT.20.4.11 SENT BY AEO TO THE HEADMISTRESS. EXT.P5 (A) : COPY OF THE ORDER DT.11.4.11 SENT BY AEO TO HEADMISTRESS. EXT.P6 : COPY OF THE DETAILED PAY BILL OF NON-GAZETTED ESTABLISHMENT/WAGES. EXT.P7 : COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER TO THE DIRECTOR OF PUBLIC INSTRUCTION DT.25.4.11. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE dsn T.R.RAMACHANDRAN NAIR, J. ------------------------------------- W.P.(C)No.12950 Of 2011-P -------------------------------------------------- DATED THIS THE 4TH DAY OF JULY, 2011 J U D G M E N T The petitioner is the Manager of a school. 2. After the staff fixation order was passed there was a visit by the Super Check Cell of the Department on 28.10.2010 and a second inspection on 11.1.2011. The Super Check Cell as per Exhibit P1 show cause notice proposed abolition of 2nd Division of Standard-I and 3rd Division of Standard-III. 3. To Exhibit P1, the petitioner and the Headmistress of the school have filed objections as per Exhibits P2 and P3 respectively. 4. At the time of filing of the Writ Petition, the petitioner was facing another problem, that is, the result of the pupils could not be published. Therefore, the petitioner had sought for an interim order in the Writ Petition in that regard. By interim order dated 23.5.2011, this Court directed the Assistant Educational officer to grant permission to the petitioner to publish the results of the class examination and allow Transfer Certificates of the W.P.(C)No.12950/11 -2- students to be issued. It is submitted that the same has been done already. 5. The learned counsel for the petitioner therefore prayed that before finalising Exhibit P1, the objections of the petitioner and the Headmistress of the school produced as Exhibits P2 and P3 may be considered, as otherwise there will be difficulty as regards the school is concerned. 6. In that view of the matter, there will be a direction to the Director of Public Instruction to take a decision on Exhibit P1 after hearing the Manager and the Headmistress and after considering the objections, Exhibits P2 and P3 within a period of two months from the date of receipt of a copy of this judgment. It is made clear that issuance of Transfer Certificates and the declaration of results of the students will be treated as regular, as the same has been done in the light of the interim order passed by this Court. The Writ Petition is disposed of as above. SD/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn