IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 23RD FEBRUARY 2011 / 4TH PHALGUNA 1932 WP(C).No. 10043 of 2010(E) ------------------------------------- PETITIONER(S): ------------------------ K.PARAMESWARAN, MANAGER, KANNADI HIGHER SECONDARY SCHOOL, KANNADI P.O., PALAKKAD. BY SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE BY ADVS. SRI.S.SUJIN SMT.NITA.N.S. RESPONDENT(S): ------------------------- 1. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM. 2. THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION, DEVANKULANGARA U.P.SCHOOL CAMPUS, EDAPPALLY, COCHIN. 3. THE SECRETARY TO GOVERNMENT OF KERALA, GENERAL EDUCATION DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 4. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 5. K.B.RAVIKUMAR, PRINCIPAL, KANNADI HIGHER SECONDARY SCHOOL, KANNADI P.O., PALAKKAD. * ADDL. R6 IMPLEADED *6. K.M.RAMANKTTY NAIR, MANAGER, KANNADI HIGHER SECONDARY SCHOOL, KANNDI P.O., PALAKKAD *ADDL. R6 IS IMPLEADED AS PER ORDER DTD.23.02.2011 IN IA. 2314/2011. R1 TO R4 BY GOVT. PLEADER SRI.T.T.MUHAMOOD R5 BY ADV. SRI.HARISH R. MENON R6 BY ADV. SRI.K.T.SHYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.10043/2010 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE MEMO OF CHARGES DTD. 2.3.2009 ISSUED BY THE PETITIONER TO THE 5TH RESPONDENT. P2:- COPY OF THE EXPLANATION SUBMITTED BY THE 5TH RESPONDENT TO THE PETITIONER. P3:- COPY OF THE ENQUIRY REPORT SUBMTITED BY THE JOINT DIRECTOR OF HIGHER SECONDARY EDUCATION, ERNAKULAM DTD. 19.9.09. P4:- COPY OF THE ENQURIY REPORT OF THE DIRECTOR OF HIGHER SECONDARY EDUCATION DTD. 23.10.2009. P5:- COPY OF THE REVISION PETITION DTD. 7.12.2009 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. P6:- COPY OF THE COMMUNICATION DTD. 1.3.2010 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. P7:- COPY OF THE JUDGMENT OF THIS HONOURABLE COURT REPORTED IN 2010 (1) KLT 176. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.10043 Of 2010-E ----------------------------------------------------- DATED THIS THE 23rd DAY OF FEBRUARY, 2011 J U D G M E N T The petitioner, who is the Manager of an aided Higher Secondary School is aggrieved by Exhibit P6 order passed by the Government. The petitioner mainly contends that the order Exhibit P6 was passed without hearing the petitioner. 2. Evidently, Exhibit P6 order is passed in a revision petition filed by the Manager as per Exhibit P5 challenging the decision of the Director of Higher Secondary Education, which according to the petitioner is in violation of the statutory rules. 3. The learned Government Pleader on getting instructions submitted that before passing Exhibit P6 order, the petitioner was not heard. 4. In that view of the matter, Exhibit P6 is quashed. There will be a direction to the Government to rehear the revision petition Exhibit P5 with notice to the petitioner, 5th respondent and additional 6th respondent, within a period of four months from the date of receipt of a copy of this judgment. The Writ Petition is disposed of as above. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn True copy P.A.to Judge