IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 26TH JUNE 2009 / 5TH ASHADHA 1931 WP(C).No. 17837 of 2009(Y) -------------------------- PETITIONER(S): --------------- THE MANAGER, HAJI HASSAN YACOOB SAIT MEMORIAL UPPER PRIMARY SCHOOL, KUTEETHERUVU, KAYAMKULAM, ALAPPUZHA. BY ADV. SRI.V.A.MUHAMMED SRI.M.SAJJAD RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM-14. 3. THE DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA. 4. THE DISTRICT EDUCATIONAL OFFICER, MAVELIKKARA, ALAPPUZHA DISTRICT. 5. THE ASSISTANT EDUCATIONAL OFFICER, KAYAMKULAM, ALAPPUZHA DISTRICT. SENIOR GOVERNMENT PLEADER, SRI.MUHAMOOD T.T. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 17837 of 2009-Y - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of June, 2009. JUDGMENT The petitioner is the manager of an aided school. Towards the fixation of establishment of the school for the year 2007-08, one day verification was held on 10.7.2007. Going by the increase in students strength and accommodation, additional divisions had to be granted in the school. Therefore, a higher level verification was conducted on 5.11.2007. It appears that the Asst. Educational Officer abolished four divisions and he did not grant additional divisions in spite of eligibility going by students strength and accommodation. The petitioner filed an appeal before the Deputy Director of Education. 2. The Deputy Director issued orders requiring the Asst. Educational Officer to revise the staff fixation considering the English Medium division in U.P. Section. The said order is produced as Ext.P1. Since nothing is stated in Ext.P1 about the granting of additional division in L.P. Section, the petitioner moved a review petition before the Deputy Director. The Assistant Educational Officer subsequently modified the staff fixation order without granting any additional division and Ext.P2 is the order thus passed. wpc 17837/2009 2 The Director has rejected the appeal from Ext.P1, as per Ext.P3. Presently, Ext.P4 revision petition has been filed before the Government. This writ petition is filed seeking for appropriate direction to the Government to dispose of Ext.P4, within a time frame. 2. Heard learned counsel for the petitioner and learned Govt. Pleader appearing for the respondents. 3. In the light of the fact that Ext.P4 is pending before the Government, there will be a direction to the first respondent to take a decision on Ext.P4 after hearing the petitioner also, within a period of three months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. (T.R. Ramachandran Nair, Judge.) kav/