IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 3RD JUNE 2008 / 13TH JYAISHTA 1930 WP(C).No. 16469 of 2008(I) -------------------------------------- PETITIONER: ----------------- THE MANAGER, ST.AUGUSTINE'S U.P.SCHOOL, THURAVOOR NORTH, ANGAMALY, ERNAKULAM. BY ADV. SRI.V.M.KURIAN SRI.MATHEW B. KURIAN SRI.K.T.THOMAS RESPONDENTS: ---------------------- 1. THE GOVERNMENT OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. ASSISTANT EDUCATIONAL OFFICER, ANGAMALY, ERNAKULAM DISTRICT. 4. THE DISTRICT EDUCATIONAL OFFICER, ALUVA. 5. SR.P.N.MAGY, HEADMISTRESS, ST.AUGUSTINE'S U.P.SCHOOL, THURAVOOR NORTH, ANGAMALY. 6. SONA GEORGE, UPSA, ST.AUGUSTINE'S U.P. SCHOOL, THURAVOOR NORTH, ANGAMALY. BY GOVERNMENT PLEADER SHRI A.J. VARGHESE, R1 TO 4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN,J.. -------------------------------------- W.P.(C) No.16469 of 2008 I -------------------------------------- Dated this the 3rd day of June, 2008. J U D G M E N T The petitioner is the Manager of St.Augustine’s U.P. School, Thuravoor North, Angamaly, Ernakulam. 2. The reliefs prayed for in the Writ Petition are the following:- “(a) issue a writ of certiorari or other appropriate writ, order or direction quashing Ext-P15 order passed by the 2nd respondent and Ext-P14 order passed by the 4th respondent. (b) declare that in the light of the admission of the minority status of the institution by the 6th respondent and in the absence of any dispute respondents are not justified in insisting certificate of minority status for granting approval for the appointment of headmaster in the St. Augustine's U.P. School, Thuravoor made invoking minority right; (c) issue a writ of mandamus or other appropriate writ order or direction to the 1st respondent to consider and pass orders on Ext-P16 revision petition expeditiously; (d) grant such other and further reliefs as this Hon'ble Court may WP(C) No.16469/2008 2 deem fit to grant in the facts and circumstances of the case.” 3. As per Ext.P15 order dated 3.5.2008, the Additional Director of Public Instruction held that the petitioner’s school has no minority right and hence the appointment of the protected teacher (P.N.Maggi) made by the Manager, without considering the seniority list for the promotion as Headmistress is highly irregular and warrants cancellation. Accordingly, the Director of Public Instruction ordered to cancel the appointment of P.N.Maggi as Headmistress. The petitioner was directed to consider the senior claimants to be appointed as Headmaster. The Assistant Educational Officer was directed to act in accordance with the order. 4. The petitioner challenged Ext.P15 order dated 3.5.2008 in Ext.P16 revision dated 26.5.2008 filed before the Government under Rule 92 of Chapter XIVA of the Kerala Education Rules. The petitioner has raised a contention in Ext.P16 revision that the Director of Public Instruction has no jurisdiction to pass an order like Ext.P15. Ext.P16 revision is pending before the Government. 5. The learned counsel for the petitioner confines his prayers in the Writ Petition to a relief for the early disposal of Ext.P16 revision and to grant a stay of Ext.P15 order in the meanwhile. 6. In the manner in which I propose to dispose of the Writ Petition, I do not think that it is necessary to issue notice to respondents 3 to 6. The learned Government Pleader takes notice for respondents 1 and 2. The Government Pleader submits that Government would consider and dispose of WP(C) No.16469/2008 3 Ext.P16 revision without delay. In the facts and circumstances of the case, there will be a direction to the Government to dispose of Ext.P16 revision filed by the petitioner as expeditiously as possible and at any rate within a period of three months. The petitioner is free to move the Government for appropriate interim orders. To facilitate the petitioner to move the Government for an interim order, Ext.P15 order dated 3.5.2008 passed by the Director of Public Instruction shall be kept in abeyance for a period of one month. If a stay petition is filed by the petitioner within a period of two weeks, the Government shall dispose of the same within a period of two weeks thereafter. The petitioner shall send by registered post a copy of this judgment to respondents 5 and 6 and produce proof of the same before the Government, before considering Ext.P16 revision. The order of stay granted hereinabove shall be in force till the stay petition is considered and disposed of by the Government. The Government shall dispose of Ext.P16 revision after affording an opportunity of being heard to the petitioner and all affected parties including respondents 5 and 6. The Writ Petition is disposed of as above. K.T. SANKARAN, JUDGE. cks