IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 5TH FEBRUARY 2010 / 16TH MAGHA 1931 WP(C).No. 3793 of 2010(Y) ------------------------- PETITIONERS: ---------------- 1. MANAGER, RAGHAVA PANICKER MEMORIAL HIGH SCHOOL, KUMBALAM PO, ERNAKULAM DISTRICT. 2. SMT.INDU K.P, WORKING AS LOWER GRADE HINDI TEACHER, RAGHAVA PANICKER MEMORIAL HIGH SCHOOL, KUMBALAM PO, ERNAKULAM DISTRICT. BY MR.J.JULIAN XAVIER, ADVOCATE MR.FIROZ K.ROBIN, ADVOCATE RESPONDENTS: ------------------ 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUATION, ERNAKULAM. 4. THE DISTRICT EDUCATION OFFICER, ERNAKULAM. BY MR.T.T.MUHAMOOD, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN,J ========================= W.P.(C).No.3793 of 2010 ========================== Dated this the 5th day of February, 2010 JUDGMENT The first petitioner in this writ petition is the manager of an aided school and the second petitioner is a teacher appointed in that school by the 1st petitioner. They are aggrieved by Ext.P1 staff fixation order, wherein strength of students readmitted have not been taken into account for the purpose of fixation of the student strength. According to the petitioners, in view of Exts.P2 and P5 Government Orders on the subject the staff fixation order is liable to be reviewed. But, admittedly the petitioner has already filed Ext.P2 appeal before the second respondent. That being so, I am of opinion that the petitioner can raise all these contentions before the second respondent in the pending appeal. Accordingly, this writ petition is disposed of with a direction to the second respondent to consider and pass orders on Ext.P2 appeal filed by the first petitioner as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment, after affording an W.P.(C).No.3793/2010 2 opportunity of being heard to the petitioners. While considering the appeal, the second respondent shall consider the applicability of Exts.P4 and P5 Government Orders to the petitioners' case. S.SIRI JAGAN, JUDGE dvs