IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 26TH AUGUST 2011 / 4TH BHADRA 1933 WP(C).No. 18011 of 2011(B) ---------------------------------------- PETITIONER(S): ------------------------ REV.C.H. ALFRED, MANAGER, CORPORATE MANAGEMENT OF LUTHERAN SCHOOLS, (IELC), CLHSS COMPOUND, PEROORKADA, THIRUVANANTHAPURAM-695 005. (ALSO THE MANAGER, MUHAMMA LMLPS, ALAPPUZHA). BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM-695 001. 3. THE DISTRICT EDUCATIONAL OFFICER, CHERTHALA, ALAPPUZHA DISTRICT-688 524. 4. THE ASSISTANT EDUCATIONAL OFFICER, CHERTHALA, ALAPPUZHA DISTRICT-688 524. * ADDL. R5 IMPLEADED ADDL. R5: I. NELSON, CHEMPITTAVILA VEEDU, VALIAYAKATTACKAL, VENJARAMOODU, THIRUVANANTHAPURAM-695 607. * ADDL. R5 IS IMPLEADED AS PER ORDER DATED 26/08/2011 IN I.A.11753/2011. R1 TO R4 BY GOVT. PLEADER SMT.NISHA BOSE. ADDL. R5 BY ADV. SRI.B.RAGUNATHAN, SRI.G.GOPALAKRISHNA PILLAI, SRI.R.SRINATH, SRI.VIPIN VARGHESE. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 18011 of 2011(B) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE PROCEEDINGS DATED 01/12/2010 OF THE 2ND RESPONDENT. EXT.P2: COPY OF THE REPLY DATED 15/03/2011 GIVEN BY THE PETITIONER TO THE 2ND RESPONDENT. EXT.P3: COPY OF THE ORDER DATED 18/05/2011 OF THE 2ND RESPONDENT. EXT.P4: COPY OF THE REPRESENTATION DATED 07/06/2011 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P5: COPY OF THE DIRECTION DATED 21/06/2011 ISSUED BY THE OFFICE OF THE 2ND RESPONDENT TO THE 3RD RESPONDENT. EXT.P6 SERIES: COPY OF THE MINUTES OF MEETING OF THE SYNOD. RESPONDENT'S EXHIBITS: EXT.R5(a): COPY OF THE REPRESENTATION DATED 02/07/2011 ADDRESSED TO THE 1ST RESPONDENT. EXT.R5(b): COPY OF THE REPRESENTATION DATED 02/07/2011 ADDRESSED TO THE 2ND RESPONDENT. //TRUE COPY// P.S. TO JUDGE rs T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 18011 of 2011-B - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of August, 2011. JUDGMENT The petitioner is the Manager of an aided school. The proceedings issued to disqualify the petitioner as per Ext.P3 is under challenge herein. Ext.P3 shows that it is a composite order in respect of 33 schools. The allegation is that the provisions of the Kerala Education Rules for providing toilet facilities as well as drinking water facilities, have not been fully complied with. 2. The petitioner's case in the writ petition is that all the steps for providing latrines, urinals and drinking water were taken in time. Subsequent to the filing of the writ petition, the petitioner has produced Ext.P7 showing that the inspection of the school was conducted by the District Educational Officer and he was satisfied about the same. Thereafter, the learned Govt. Pleader was directed to get instructions in the matter and along with a memo dated 26.8.2011 the communication of the District Educational Officer addressed to the Office of the Advocate General, has been produced. A reading of the same shows that the petitioner has provided sufficient toilet and urinal facilities with water pc 18011/2011 2 connection. The entire urinal block is also roofed. It further shows that the requirements are satisfied in terms of the pupils strength. 3. In that view of the matter, as the Manager has complied with the requirements under the relevant rules of K.E.R., I am satisfied that the proceedings for disqualification can be dropped. Accordingly, Ext.P3 to the extent to which it disqualifies the petitioner, will stand quashed. The writ petition is allowed to the above extent. No costs. (T.R. Ramachandran Nair, Judge.) kav/