IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 17TH JUNE 2008 / 27TH JYAISHTA 1930 WP(C).No. 17991 of 2008(P) -------------------------- PETITIONER: ------------ P.SOYA, W/O.LATE GOPAKUMAR, PONGALADY, THATTAYIL P.O., PANDALAM (MANAGER, S.V.H.S. PONGALADY, THATTAYIL P.O. PANDALAM). BY ADV. SRI.JOHNSON MANAYANI RESPONDENTS: ------------- 1. THE DISTRICT EDUCATIONAL OFFICER, PATHANAMTHITTA. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, (DPI) JAGATHY, TRIVANDRUM. 3. THE STATE OF KERALA, REP. BY ITS SECRETARY TO GENERAL EDUCATION, SECRETARIAT, TRIVANDRUM. BY G.P. SHRI A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN,J.. -------------------------------------- W.P.(C) No.17991 of 2008 P -------------------------------------- Dated this the 17th day of June, 2008. J U D G M E N T The petitioner is the Manager of S.V.H.S., Pongalady, Pandalam. Ext.P1 show cause notice dated 15.5.2008 was issued by the District Educational Officer, Pathanamthitta to the petitioner directing her to appear before him for a hearing on 26.5.2008. In Ext.P1, it is stated that fake admissions were seen made to avoid division fall in the school. It is stated that the petitioner could not appear before the District Educational Officer on 26.5.2008 and she submitted Ext.P2 application dated 23.5.2008 praying for an adjournment of the hearing. Along with Ext.P2 application, a medical certificate was also produced. The District Educational Officer passed Ext.P3 order dated 30.5.2008 holding thus - “Following posts will remain abolished with effect from 15.7.08. HSA(PS) - 1 HSA(Maths) -1 UPSA - 2 WP(C) No.17991/2008 2 L.G.Hindi - 1 The excess HSA (Math) Sri.B.Ramachandran Pillai is allowed to continue in the parent school in terms of G.O. (P)226/03/G.Edn. dated, 14.6.03 as he has continuous service as HSA (Maths) from 1.6.1982 and he has already been retired from service on 31.3.2008 on superannuation. The pay and allowance irregularly drawn by the following teachers from 15.7.07 will be treated as liability of the retired Headmistress Smt.P.Soya who hold the post upto 31.3.2008, as she is personally responsible for getting the division and posts sanctioned by furnishing the inflated figures and misguiding the departments 1. Smt.P.K.Jayasree UPSA from 15.7.07. 2. Smt.Sreeja, V.Nair, UPSA from 15.7.07.” 2. Against Ext.P3 order dated 30.5.2008 passed by the District Educational Officer, Pathanamthitta, the petitioner filed Ext.P4 revision dated 5.6.2008 before the Director of Public Instruction. She has also filed a WP(C) No.17991/2008 3 stay petition along with Ext.P4 revision praying for stay of all further proceedings pursuant to Ext.P3 order dated 30.5.2008 passed by the District Educational Officer. Ext.P4 revision and stay petition filed along with it are pending disposal. 3. The reliefs prayed for in the Writ Petition are the following:- “i. issue a writ of certiorari or any other appropriate writs, directions or orders calling for the records leading to Ext.P3 and quash the same. ii. Issue a writ of mandamus or any other appropriate writs, directions or orders commanding the second respondent to hear and dispose of Ext.P4 and the stay petition accompanying the same and until then suspend/stay all further proceedings pursuant to Ext.P3. Iii. Issue such other orders as are deemed fit and proper in the circumstances of the case.” 4. In view of the pendency of Ext.P4 revision before the Director of Public Instruction, I am not inclined to grant relief No.i to quash Ext.P3 order passed by the District Educational Officer. Since Ext.P4 revision WP(C) No.17991/2008 4 and stay petition are pending before the Director of Public Instruction, he has to hear the petitioner and consider whether the order dated 30.5.2008 passed by the District Educational Officer should be stayed till the disposal of Ext.P4 revision. It is also necessary to dispose of Ext.P4 revision expeditiously. In the facts and circumstances of the case, the Writ Petition is disposed of with a direction to the second respondent, the Director of Public Instruction, to dispose of Ext.P4 revision as expeditiously as possible, and at any rate within a period of three months. The Director of Public Instruction shall consider whether the petitioner is entitled to the relief of stay as prayed for in the stay petition filed by him along with Ext.P4 revision. The Director of Public Instruction shall take a decision in the stay petition within a period of two weeks from the date of receipt of a copy of this judgment. It is made clear that I have not expressed any view on the merits of the case. K.T. SANKARAN, JUDGE. cks