IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 26TH SEPTEMBER 2011 / 4TH ASWINA 1933 WP(C).No. 31010 of 2010(A) ------------------------- PETITIONER : --------------------- SMT. K.BALAMANIAMMA, MANAGER, VELLIYUR AUP SCHOOL, PO.NOCHAD, KOZHIKODE DISTRICT. BY ADVS. SRI.P.K.SURESH KUMAR SRI.K.P.SUDHEER RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REP.BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM 695001. 2. THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE-673 001. 3. THE ASSISTANT EDUCATIONAL OFFICER, PERAMBRA, KOZHIKODE DISTRICT 673 525. 4. SRI.P.RAVINDRAN, HEADMASTER (UNDER SUSPENSION) KRISHNAKRIPA, SISUMANDHIRAM ROAD, PO.KIZHINJANYAM, KOZHIKODE-670 523. R1 TO R3 BY GOVT. PLEADER SMT. RANI DIOTHIMA R4 BY ADVS. SRI.BABU JOSEPH KURUVATHAZHA SRI.C.P.SIVADASAN NAIR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/09/2011, ALONG WITH WPC NO. 49 OF 2011 & WPC NO. 38359 OF 2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 31010 of 2010(A) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE ORDER OF SUSPENSION DATED 9-11-2009 ALONG WITH THE 2 COMPLAINTS RECEIVED FROM THE TEACHERS. EXT.P2(a) : COPY OF THE COMPLAINT RECEIVED FROM THE PRESIDENT PTA. EXT.P2(b) : COPY OF THE COMPLAINT RECEIVED FROM C.K. SASI. EXT.P3 : COPY OF THE ORDER DATED 21-11-09. EXT.P4 : COPY OF THE PROCEEDINGS OF THE PETITIONER DATED 6-12-2009. EXT.P5 : COPY OF THE JUDGMENT IN WP(C) NO. 34065/2009 DATED 4-12-2009. EXT.P6 : COPY OF THE MEMO OF CHARGES AND STATEMENT OF ALLEGATIONS DATED 26-12-2009. EXT.P7 : COPY OF THE EVIDENCE GIVEN BY SAITMATH P.P. EXT.P8 : COPY OF THE REPRESENTATION SUBMITTED BY THE TEACHERS DATED 5-1-2010. EXT.P9 COPY OF THE REPRESENTATION SUBMITTED BY HEADMASTER IN CHARGE DATED 3-12-2009. EXT.P10 COPY OF THE AFFIDAVIT FILED BY G.D. SOUMYA. EXT.P11 COPY OF THE ADDITIONAL MEMO OF CHARGES AND STATEMENT OF ALLEGATION DATED 10-1-2010. EXT.P12 COPY OF THE COMMUNICATION DATED 10-6-2010. EXT.P13 COPY OF THE REPLY DATED 26-6-2010 BY THE PETITIONER. EXT.P14 COPY OF THE COMMUNICATION DATED 21-8-2010. EXT.P15 COPY OF THE LETTER DATED 8-9-2010 ALONG WITH THE POSTAL RECEIPT. EXT.P16 COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 6-9-2010. (Contd...) WP(C).No. 31010 of 2010(A) EXT.P17 COPY OF THE REPLY RECEIVED UNDER THE RTI ACT FROM THE DEO THAMARASSERY DATED 16-11-2009. EXT.P18 COPY OF THE SECOND ADDITIONAL MEMO OF CHARGES AND STATEMENT OF ALLEGATIONS DATED 30-8-2010. EXT.P19 COPY OF THE REPLY DATED 14-9-10. EXT.P20 COPY OF THE LETTER ISSUED TO THE 3RD RESPONDENT AND TO THE TEACHER IN CHARGE DATED 20-11-2010. EXT.P21 COPY OF THE COMMUNICATION TO THE TEACHER IN CHARGE DATED 9-12-2010. RESPONDENT'S EXHIBITS : EXT.R4(a) : COPY OF THE REPRESENTATION DATED 25.11.2009 SUBMITTED BY THE 4TH RESPONDENT BEFORE THE PETITIONER. EXT.R4(b) : COPY OF THE EXPLANATION DATED 11.1.2010 OFFERED BY THE 4TH RESPONDENT BEFORE THE PETITIONER. EXT.R4(c) : COPY OF THE PROCEEDING NO. 75235/L1/09/G.EDN DATED 14.1.2010 OF THE 1ST RESPONDENT. EXT.R4(d) COPY OF THE PROCEEDING NO. B3/23047/09 DATED 24.3.2010 OF THE 2ND RESPONDENT. //TRUE COPY// P.S. TO JUDGE Mn T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) Nos.31010 & 38359 OF 2010 & 49 OF 2011 --------------------------------------- Dated this the 26th day of September, 2011. J U D G M E N T In W.P.(C) No.31010/2010, the Manager of the school challenges Ext.P16 order passed by the Government and in W.P.(C) No.49/2011 filed by the Headmaster, the prayer is to implement the same. In W.P.(C) No.38359/2010, the Manager of the school is challenging Ext.P5 notice issued by the Deputy Director of Education seeking to disqualify her for non implementation of the Government Order. 2. Heard the learned Senior Counsel for the petitioner Sri.P.K.Suresh Kumar in W.P.(C) Nos.31010 and 38359 of 2010 and the learned counsel for the petitioner Sri.Babu Joseph Kuruvathazha in W.P.(C) No.49/2011. 3. One of the points raised by the learned Senior Counsel for the petitioner in W.P.(C) Nos.31010 and 38359 of 2010 is that the revision petition was not heard after notice to the petitioner and what actually was heard is only the stay petition. W.P.(C) No.31010/2010 & conn. cases 2 Learned Government Pleader was directed to get the files leading to the issuance of the impugned order. It is submitted that the parties were heard at the time of considering the application for grant of interim order and separate notices were not issued before disposing of the revision petition. 4. Learned Government Pleader submitted that the revision petition was disposed of since a time limit was fixed by this Court in W.P.(C) No.34065/2009. But, even though a time limit was fixed by this Court, the respective parties ought to have been heard before disposing of the revision petition. In that view of the matter, the revision petition will have to be heard afresh by the Government itself. Hence I am not considering the contention of the parties on merits. 5. Therefore, W.P.(C) Nos.31010 and 38359 of 2010 are disposed of in the following manner: Ext.P16 which is the impugned order in W.P.(C) No.31010/ 2010 is quashed. There will be a direction to the Government to re-hear the revision petition filed by the Manager with notice to the parties and appropriate decision will be taken within a period W.P.(C) No.31010/2010 & conn. cases 3 of three months. The interim orders passed in W.P.(C) Nos.31010 and 38359 of 2010 will continue till orders are passed by the Government in the revision petition. W.P.(C)No.49/2011 which seeks implementation of the Government Order is also disposed of in the light of the directions in W.P.(C) Nos.31010 and 38359 of 2010. No costs. T.R. RAMACHANDRAN NAIR JUDGE smp