IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 26TH AUGUST 2009 / 4TH BHADRA 1931 WP(C).No. 24572 of 2009(N) -------------------------------- PETITIONER: -------------- K.A.HAFSA BEEVI, W/O.DR.GAFOOR ISMAIL, AGED 60 YEARS, MANAGER, M.R.M.K.M.M. HIGHER SECONDARY SCHOOL, P.O.EDAVA, TRIVANDRUM-695311. BY MR.V.A.MUHAMMED, ADVOCATE. MR.K.E.HAMZA, ADVOCATE. RESPONDENTS: ------------------ 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM-14. 3. THE DEPUTY DIRECTOR OF EDUCATION, TRIVANDRUM. 4. THE DISTRICT EDUCATIONAL OFFICER, ATTINGAL, TRIVANDRUM DISTRICT. BY MR. A.J. VARGHESE, SR. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.24572 OF 2009 --------------------------------------- Dated this the 26th day of August, 2009. J U D G M E N T The petitioner herein is the Manager of a Higher Secondary School. She was appointed as Manager for a period of two years from 30.03.2007. The Educational Agency consists of 12 members including the petitioner. Exhibit P1 is the order by which the Director of Public Instruction granted approval for a period of two years. The consequent orders have been passed as per Exhibit P2. 2. The Constitution for the Management was drawn up as per Exhibit P3. But, approval to the same was not granted going by Exhibit P4. Even though the matter was taken up before the Deputy Director of Education, that was declined as per Exhibit P5. Exhibit P6 is the appeal pending before the Director of Public Instruction in the matter. 3. In continuation of the expiry of the Managership of the petitioner, by Exhibit P7 consent letter, 9 out of 12 members of the Educational Agency decided to extend the Managership of the W.P.(C) No.24572/2009 2 petitioner for a further period of two years, that is upto 29.03.2011. Exhibit P8 is the request submitted by the petitioner to allow her to continue as Manager for a further period of two years. By Exhibit P9 judgment, this Court issued directions to the Director of Public Instruction to take a decision on Exhibit P8. By Exhibit P10 order, permission was granted to the petitioner but with certain conditions. 4. The petitioner has already filed a revision petition before the Government as per Exhibit P13. The petitioner points out that the Director of Public Instruction ought to have appreciated the majority and ought not to have crippled the powers of the petitioner while taking decision in the matter. There will be a direction to the Government to take a decision on Exhibit P13, after hearing the petitioner and the legal heirs who have not consented for her Managership, within a period of four months from the date of receipt of a copy of this judgment. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp