IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER WEDNESDAY, THE 11TH JUNE 2008 / 21ST JYAISHTA 1930 WA.No. 1212 of 2008 ------------------------------- (AGAINST THE JUDGMENT IN WP(C) NO.14125/2008 DATED 6-5-2008) APPELLANT: PETITIONERS: --------------------------------------- 1. MANAGER, A.U.P.SCHOOL, PERIMKULAM P.P., ALATHUR, PALAKKAD DISTRICT. 2. MANAGER, A.L.P.SCHOOL, KOTTARASSERI, P.O.THEKKEPOTTA, PALAKKAD DISTRICT. 3. MANAGER, A.L.P.SCHOOL, PULAPOTTASSERI, P.O.CHERUMUNDASSERI, AMBALAPPARA (VIA), PALAKKAD DISTRICT. 4. MANAGER, AIDED SENIOR BASIC SCHOOL, MANJALOOR (PO), PALAKKAD DISTRICT. 5. MANAGER, V.M.L.P.SCHOOL, PALAKKAPOTTA, AYILOOR (PO), PALAKKAD DISTRICT. BY DR.GEORGE ABRAHAM RESPONDENTS: RESPONDENTS: ----------------------------------------------- 1. DEPUTY DIRECTOR OF EDUCATION, PALAKKAD. 2. DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. WA NO.1212/2008 -2- 3. SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 4. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY SENIOR GOVERNMENT PLEADER SMT.K.MEERA. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 11/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & A.K.BASHEER, J. ------------------------------------------------------------------ W.A.No.1212 of 2008 ------------------------------------------------------- Dated, this the 11th day of June, 2008 JUDGMENT H.L.Dattu, C.J. Smt.K.Meera, learned Government Pleader is directed to take notice for the respondents. 2. Though the matter is listed for admission, by consent of the learned counsel for the parties to the lis, the matter is taken up for final hearing since the issues involved in this case lies in a narrow compass. 3. The Managers of five different schools are before us being aggrieved by the orders passed by the learned Single Judge in W.P.(C) No.14125/2008 dated 6th May, 2008. 4. In the impugned order, the learned Single Judge has only observed that the only relief that can be granted to the petitioners is to direct the respondent/State Government to consider Ext.P9 (Revision petition) and Ext.P10 (Representation) filed by the petitioners within a particular time frame. 5. Dr.George Abraham, learned counsel appearing for the appellants would submit that the learned Single Judge instead of relegating the parties to approach the State Government, he should have decided on merits the correctness or otherwise of the orders passed by the Director of Public Instructions in D.Dis 5215/08/RA3/DPI/Dated 6-3-2008. 6. It is not in dispute nor can be disputed by the appellants that the Manager of AUP School, Perinkulam has already filed a revision petition before the State Government. In view of the pendency of the revision petition, WA.No.1212/2008 -2- the learned Single Judge has thought it fit to direct the State Government to consider that revision petition and pass appropriate orders in accordance with law, within a particular time frame. We cannot take exception to the direction so issued by the learned Single Judge. 7. However, Dr.George Abraham, learned counsel appearing for the appellants requests us to permit such of the Managers of those Schools who have not filed the revision petitions against the orders passed by the Director of Public Instructions dated 6-3-2008 to file revision petitions before the State Government. 8. In our view, the request of the learned counsel is reasonable and if it is granted it would not cause any prejudice to the other side. Therefore, we grant liberty to such of the Managers of those Schools who have not filed revision petition against the orders passed by the Director of Public Instructions dated 6-3-2008 to file revision petition within three week's time from today. If such revision petition is filed before the State Government within the time granted, the State Government is directed to consider the same in accordance with law as expeditiously as possible, at any rate within two months from the date of receipt of the revision petition. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE MS/dk.