IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 30TH MARCH 2009 / 9TH CHAITHRA 1931 WP(C).No. 7607 of 2009(U) ------------------------------------- PETITIONER: ------------------- CORPORATE MANAGER, CARMELITE CONGREGATION OF SISTERS, UDAYA PROVINCE, IRINJALAKUDA. BY ADVS. MR.J.JULIAN XAVIER, MR.FIROZ K.ROBIN. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION (B) DEPARRTMENT, GOVT. SECRETRIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. DEPUTY DIRECTOR OF EDUCATION, THRISSUR. 4. THE ASSISTANT EDUCATION OFFICER, CHALAKUDY. 5. THE ACCOUNTANT GENERAL, OFFICE OF THE ACCOUNTANT GENERAL, THIRUVANANTHAPURAM. R1 TO R4 BY GOVT. PLEADER MR. A.J. VARGHESE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/03/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.N.Ravindran, J. ================== W.P.(C) No.7607 of 2009 ===================== Dated this the 30th day of March, 2009. JUDGMENT Heard Sri. Firoz K.Robin, the learned counsel appearing for the petitioner and Sri. A.J.Varghese, the learned Government Pleader appearing for the respondents. 2. The petitioner is the Corporate Manager of the educational institutions established and administered by the Carmelite Congregation of Sisters. Ext.P1 staff fixation order in respect of St. John the Baptist Convent Lower Primary School, Pariyaram for the academic year 1996-97 was issued by the Assistant Educational Officer, Chalakudy on 14.7.1997. Ext.P1 was revised by Ext.P6 order dated 15.6.1998 passed by the Director of Public Instruction. After five years, the Joint Director of Public Instruction reviewed Ext.P6 and passed Ext.P8 order dated 30.6.2003. Aggrieved by Ext.P8, the petitioner moved the Government in Ext.P9 revision petition under Rule 12F of Chapter XXIII of the Kerala Education Rules and thereafter filed W.P.(C) No.7615 of 2008 in this Court. By Ext.P11 judgment delivered on 6.3.2008, this Court directed the WP(C)7607/09 -: 2 :- Government to pass orders on Ext.P9 revision petition within two months from the date of receipt of a copy of the judgment. The Government thereafter passed Ext.P12 order dated 3.9.2008 upholding Ext.P8. The petitioner challenges Ext.P12 mainly on the ground that before it was passed, the petitioner was not put on notice or heard. The learned Government Pleader appearing for the respondents submitted on instructions that before the Ext.P12 order was passed, the petitioner was not put on notice or heard for the reason that there was no such request in Ext.P9. 3. Ext.P9 is a statutory revision filed by the Manager before the Government under Rule 12F of Chapter XXIII of the Kerala Education Rules. The dispute relates to the staff fixation order for the academic year 1997-1998. The staff fixation order was revised five years later by Ext.P8 order dated 30.6.2003 passed by the Director of Public Instruction. Since the order was revised nearly five years after the academic year came to an end I am of the opinion that the Government ought to have heard the petitioner before passing Ext.P12 order. I accordingly quash Ext.P12 and direct the Government to reconsider Ext.P9 revision petition filed by the petitioner and pass orders thereon after affording the petitioner a reasonable opportunity of being heard. Final orders in the matter shall be passed within four months from the date of receipt of a certified copy of this judgment. The petitioner shall in order to enable the Secretary to Government to pass orders in the WP(C)7607/09 -: 3 :- matter, produce before the Secretary to Government, General Education Department a copy of this Writ Petition along with a certified copy of this judgment. P.N.Ravindran, Judge. ess