IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 20TH JULY 2011 / 29TH ASHADHA 1933 WP(C).No. 30740 of 2009(J) -------------------------- PETITIONER: --------------- C.P.SALMA, LPSA, C.M.A.M.L.P. SCHOOL, CHENAKKAL, RANDATHANI P.O., MALAPPURAM DISTRICT. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.BRIJESH MOHAN SRI.T.R.SADEESAN SRI.A.HAROON RASHEED RESPONDENT(S): --------------- 1. STATE OF KERALA REP. BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVT. SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, TRIVANDRUM. 3. THE ASSISTANT EDUCATIONAL OFFICER, KUTTIPPURAM, MALAPPURAM DISTRICT. 4. THE MANAGER, C.M.A.M.L.P.SCHOOL, CHENAKKAL, RANDATHANI P.O., MALAPPURAM DISTRICT. BY GOVERNMENT PLEADER SMT.RANI DIOTHIMA FOR R1 TO R3 ADV. SMT.DHANYA CHANDRAN FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.30740/2009 PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE ORDER NO.K.DIS./4765/08 DT.15.7.08 ISSUED BY THE 3RD RESPONDENT. EXT.P2 : COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DT.15.9.08. EXT.P3 : COPY OF THE COMMUNICATION NO.68288/K.2/08/G.EDN. DT.15.11.08 ISSUED BY THE 1ST RESPONDENT. EXT.P4 : COPY OF THE WRITTEN SUBMISSION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DT.5.6.09. EXT.P5 : COPY OF THE COMMUNICATION NO.25973//B1/09/G.EDN. DT.3.8.09 ISSUED BY THE 1ST RESPONDENT. EXT.P6 : COPY OF THE CERTIFICATE ISSUED TO THE PETITIONER BY THE KERALA STATE BHARATH SCOUTS AND GUIDES DT.3.10.02. EXT.P7 : COPY OF THE CHARTERED APPOINTMENT OF THE 112TH CROUP OF THE BHARATH SCOUTS AND GUIDES ISSUED TO THE PETITIONER DT.31.3.03. EXT.P8 : COPY OF THE WARRANT OF APPOINTMENT TO THE PETITIONER AS FLOCK LEADER DT.31.3.03 ISSUED BY KERALA STATE BHARATH SCOUTS AND GUIDES. EXT.P9 : COPY OF THE CIRCULAR NO.M.341704/09/DPI DT.9.9.99 ISSUED BY THE BHARATH SCOUTS AND GUIDES. EXT.P10 : COPY OF THE GO(P)NO.240/99/G.EDN. DT.29.9.99 ISSUED BY THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS:NIL //TRUE COPY// P.A. TO JUDGE dsn T.R.RAMACHANDRAN NAIR, J. ------------------------------------- W.P.(C)No.30740 Of 2009-J -------------------------------------------------- DATED THIS THE 20TH DAY OF JULY, 2011 J U D G M E N T The petitioner who was working as a Lower Primary School Assistant is challenging Exhibit P5 order by which the petitioner's representation for granting protection has been rejected. It is submitted by the learned counsel for the petitioner that the request was rejected without considering the contentions of the petitioner and the Manager. It is also pointed out that Exhibits P6 to P10 will show that the petitioner is entitled to be granted special protection being in charge of Scouts and Guides also. 2. I am not finally pronouncing anything on the said issue, since the petitioner only seeks for an opportunity for a fresh hearing in the matter and a detailed consideration of Exhibits P4. 3. A reading of Exhibit P5 shows that it is furnished as a reply to a letter of the Member of the Legislative Assembly. Exhibit P4 is the representation submitted by the petitioner before the Government. Evidently, a detailed and reasoned order W.P.(C)No.30740/09 -2- has not been passed. In that view of the matter Exhibit P5 is quashed and the Government will re-hear the petitioner and the Manager and take a fresh decision within a period of four months from the date of receipt of a copy of this judgment. The Writ Petition is allowed to that extent. No costs. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn