IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 31ST MARCH 2011 / 10TH CHAITHRA 1933 WP(C).No. 36066 of 2010(G) -------------------------------- PETITIONERS: ---------------- 1. K.C.SEBASTIAN, S/O. K.M. CHACKO, AGED 65, KAREEMADAM HOUSE, P.O.VADAYAR-686605, THALAYOLAPARAMBU, KOTTAYAM DIST. 2. JOJI THOMAS, S/O. THOMAS, AGED 34, JOSHI VILAS HOUSE, CHEMMANATHUKARA.P.O., VAIKOM, KOTTAYAM DISTRICT. 3. V.P. MARTIN, S/O. V.K.PETER, AGED 54 YEARS, KOTTAPARAMBIL HOUSE, MALAYATTOOR, ERNAKULAM DISTRICT. 4. M.D.JOSEPH, S/O. DEVASY, MENACHERY HOUSE MALAYATTOOR, ERNAKULAM DISTRICT. 5. BIJU.C.A. S/O. AGUSTY, AGED 39, CHIRYETH HOUSE, MALAYATTOR, ERNAKULAM DISTRICT. 6. K.P. JOSEPH, AGED 63, S/O. K.O.PORINCHU, KANDANKULATHY HOUSE, EAST KORATY.P.O, THRISSUR DISTRICT. BY ADV. SRI.BENOY THOMAS RESPONDENTS: ------------------ 1. STATE OF KERALA, REP. BY SECRETARY TO GOVT., GENERAL EDUCATION DEPT., SECRETARIAT THIRUVANANTHAPURAM-695001. 2. DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM-695001. WP(C).No. 36066/2010 3. DARSANAM EDUCATIONAL AGENCY, VADAYAAR, REPRESENTED BY MANAGER INFANT JESUS HIGH SCHOOL, VADAYAAR, THALAYOLAPARAMBU, PIN-686605. 4. INFANT JESUS CHURCH EDUCATIONAL AGENCY, VADAYAR REPRESENTED BY MANAGER ST.LOUIS LPS, VADAYAAR, THALAYOLAPRAMBU, PIN-686605. 5. DARSANAM EDUCATIONAL AGENCY, VAIKOM, REPRESENTED BY MANAGER, ST. LOUIS UP. SCHOOL, PALLIPPARATHUSSERY.P.O., VAIKOM-686605. 6. ST. JOSEPH'S SYRAIN CATHOLIC CHURCH EDUCATIONAL AGENCY, VAIKOM, REPRESENTED BY THE MANAGER, ST.LITTLE THERESA'S HSS, VAIKOM-686605. 7. CORPORATE EDUCATIONAL AGENCY,ST.THOMAS CHURCH, MALAYATTOOR,REPRESENTED BY THE MANAGER ST.THOMAS H.S.S., MALAYATTOOR-682029. 8. ST. AUGUSTINE'S EDUCATIONAL AGENCY, REPRESENTED BY CORPORATE MANAGER, ARCHDIOCEASE OF ERNAKULAM-ANGAMALY, MAJOR ARCH BISHOP'S HOUSE, KOCHI-31. 9. ARCHDIOCESE OF ERNAKULAM-ANGAMALY, MAJOR ARCH BISHOP'S HOUSE, KOCHI-31, REPRESENTED BY MAJOR ARCH BISHOP, ARCH BISHOP'S HOUSE, KOCHI-31. BY ADV. SRI.V.M.KURIAN FOR R7. SMT. M.R.SREELATHA, SR. GOVERNMENT PLEADER FOR R1 & R2. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON ON 31/03/2011, ALONG WITH W.P.(C) No.36080/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.36066/2010 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF CIRCULAR DTD. 12.12.08 ISSUED BY ERNAKULAM- ANGAMALY ARCHDIOCEASE TO ALL PARISHES UNDER ITS TERRITORIAL JURISDICTION. EXT. P2 : COPY OF APPLICATION DTD. 14.5.09 SUBMITTED BEFORE THE Director of Public Instruction BY R9. EXT. P2(a) : COPY OF APPROVED CONSTITUTION OF R3 EDUCATIONAL AGENCY. EXT. P2(b) : COPY OF RECEIPT ISSUED BY DARSANAM TO 1ST PETITIONER FOR MEMBERSHIP. EXT. P2(c) : COPY OF RELEVANT PORTION OF FAMILY GUIDE PUBLISHED BY INFANT JESUS CHURCH, VADAYAR. EXT. P2(d) : COPY OF LETTER DTD. 11.2.09 ISSUED ON BEHALF OF R9. EXT. P2(e) : COPY OF LETTER DTD. 12.12.08 SENT ON BEHALF OF R9. EXT. P2(f) : COPY OF APPROVED CONSTITUTION OF R6. EXT. P2(g) : COPY OF APPROVED CONSTITUTION OF R7. EXT. P2(h) : COPY OF RELEVANT PORTION OF the PARISH BULLETIN PUBLISHED BY ST. JOSEPH'S FORANE CHURCH, VAIKOM. EXT. P2(i) : COPY OF RELEVANT PORTION OF PARISH FAMILY DIRECTORY PUBLISHED BY ST. JOSEPH'S FORANE CHURCH, VAIKOM. EXT. P2(j) : COPY OF RELEVANT PORTION OF INTIMATION GIVEN TO BANK MANAGER. EXT. P2(k) : COPY OF FAMILY REGISTER ISSUED BY LF CHURCH, THIRUMUDIKUNNU. EXT. P3 : COPY OF OBJECTIONS FILED BY PETITIONERS BEFORE THE Director of Public Instruction DTD 30.9.09. EXT. P4 : COPY OF JUDGMENT IN W.P.(C) 29886/09. EXT. P5 : COPY OF ADDITIONAL WRITTEN SUBMISSION DTD. 10.12.09 GIVEN TO Director of Public Instruction. WP(C).No.36066/2010 EXT. P6 : COPY OF NOTICE ISSUED BY Director of Public Instruction. EXT. P7 : COPY OF ARGUMENT NOTE SUBMITTED BY PETITIONERS BEFORE Director of Public Instruction. EXT. P8 : COPY OF ORDER DTD. 11.10.10 ISSUED BY Director of Public Instruction. EXT. P9 : COPY OF APPEAL FILED BY PETITIONERS BEFORE THE GOVT. EXT. P9(a) : COPY OF RECEIPT DTD. 10.11.10 IN RESPECT OF P9 APPEAL RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------------- W.P.(C) Nos.36066 & 36080 OF 2010 --------------------------------------------- Dated this the 31st day of March, 2011. J U D G M E N T Aggrieved by Ext.P8 order whereby the Director of Public Instruction approved formation of Archdiocesan Corporate Educational Agency, Archdiocese of Ernakulam, these writ petitions have been filed by the petitioners. The petitioners have approached the Government by filing Ext.P9 appeals. 2. It is pointed out by the learned counsel appearing for the Management that the Director of Public Instruction has granted permission for transfer of Management of 79 schools, which is evident from Ext.P8 order itself. In the light of the pendency of Ext.P9 produced in both the writ petitions, there will be a direction to the Government to take a decision on Ext.P9 appeals in both the cases, after hearing the parties, within a period of five months from the date of receipt of a copy of this judgment. These writ petitions are disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp