IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 2ND DECEMBER 2010 / 11TH AGRAHAYANA 1932 WP(C).No. 35378 of 2010(V) ------------------------------------------ PETITIONER(S): ------------------------ VIJU E.B., W/O.VINODKUMAR C.R., CHEERANKAVIL HOUSE, EDAMATTOM P.O., KOTTAYAM (TEACHER-IN-CHARGE, HAJI K.H.KHAN MEMORIAL KADUKKAMALA LOWER PRIMARY SCHOOL, PONKUNNAM). BY ADVS. SRI.S.SUBHASH CHAND, SRI.T.NIKLAVU. RESPONDENT(S): --------------------------- 1. THE DIRECTOR OF PUBLIC INSTRUCTIONS, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM PIN - 695 001. 2. THE DEPUTY DIRECTOR (EDUCATION) OFFICE OF THE DEPUTY DIRECTOR (EDUCATION) KOTTAYAM. PIN - 686 001. 3. THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, KANJIRAPPALLY. 686 507. 4. THE MANAGER, HAJI K.H.KHAN MEMORIAL KADUKKAMALA LOWER PRIMARY SCHOOL, PONKUNNAM - 686 506. R1 TO R3 BY GOVERNMENT PLEADER SMT. M.R. SREELATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/12/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss K.T.SANKARAN, J. ------------------------------ W.P.(C).No.35378 OF 2010 ------------------------------ Dated this the 2nd day of December, 2010 JUDGMENT The petitioner is working as Teacher-in-charge of Haji K.H.Khan Memorial Kadukkamala Lower Primary School, Ponkunnam, which is stated to be an uneconomic school. During the Academic year 2009-2010, there was no student in the 1st standard. However, during 2010- 2011, one student was admitted in Standard 1. Pointing out this, the Assistant Educational Officer issued Ext.P1 dated 9.9.2010 to the petitioner stating that clarification was sought from the Director of Public Instruction as to the propriety of admission of one student during 2010-2011 without there being any student in the 1st Standard in the previous year. In Ext.P1, it was also mentioned that the petitioner and the other teachers would be entitled to draw salary only up to 14th July, 2010. Ext.P2 communication was issued to the Manager containing similar statements as in Ext.P1. The petitioner W.P.(C).No.35378 OF 2010 2 submitted Ext.P5 representation dated 30.10.2010 to the Director of Public Instruction wherein, the petitioner stated all the facts and circumstances and pointed out that the school should be retained as such, though the number of students are less. It is also prayed in Ext.P5 that salary and allowances legally due to the petitioner may be disbursed. Curiosity enough, there is also a prayer in Ext.P5 to cancel the order issued permitting one teacher to undergo a certificate course in English Language at Bangalore for the period from 2.11.2010 to 1.12.2010, probably because that teacher was treated as on duty for that period. Ext.P5 is pending disposal before the Director of Public Instruction. 2. The only relief sought for by the petitioner is that the Director of Public Instruction may be directed to dispose of Ext.P5 as expeditiously as possible. It is submitted that a very urgent disposal of Ext.P5 is required, since the petitioner and the other teachers are not getting salary in view of the direction in Ext.P1. W.P.(C).No.35378 OF 2010 3 In the facts and circumstances of the case, the Writ Petition is disposed of as follows: The Director of Public Instruction shall consider and dispose of Ext.P5 representation dated 30.10.2010 submitted by the petitioner, as expeditiously as possible, and at any rate within a period of two months from the the date of receipt of a copy of the judgment, after affording an opportunity of being heard to the petitioner, the other teachers in the school and the Manager. The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the Director of Public Instruction. The petitioner shall also send a copy of the Writ Petition and a copy of the judgment to the 4th respondent by registered post and the petitioner shall produce proof of the same before the Director of Public Instruction. K.T.SANKARAN, JUDGE. cms