IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 8TH NOVEMBER 2011 / 17TH KARTHIKA 1933 WP(C).No. 14367 of 2011(U) -------------------------------- PETITIONER: -------------- MANAGER, VELUNNI GURUKKAL MEMORIAL JUNIOR BASIC SCHOOL, (UNDER NITHYA TRUST, PRATAP NAGAR KODUVAYOOR REPRESENTED BY ITS PRESIDENT K.V.KRISHNAN KUTTY) VETTUMPULLI, KODUVAYOOR POST, KOLLENGODE, PALAKKAD. BY ADV. SRI.U.BALAGANGADHARAN RESPONDENTS: ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695 001. 3. THE DEPUTY DIRECTOR OF EDUCATION PALAKKAD-678 001. 4. THE DISTRICT EDUCATIONAL OFFICER, PALAKKAD-678 001. 5. THE ASSISTANT EDUCATIONAL OFFICER, KOLLENGODE, PALAKKAD-678 506. BY SMT. NISHA BOSE, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.14367/2011 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF DOCUMENT No.148/1 DTD. 28.1.02 OF SUB REGISTRAR OFFICE, CHITTUR. EXT. P2 : COPY OF APPLICATION FOR TRANSFER OF MANAGEMENT DTD. 30.1.02. EXT. P3 : COPY OF LETTER OF Assistant Educational Officer TO Director of Public Instruction, No.F/1844/2009 DTD. 7.8.09 ALONG WITH REPLY. EXT. P4 : COPY OF LETTER OF Director of Public Instruction TO Assistant Educational Officer, No.CG(1)/60510/09/DPI DTD. 7.12.09. EXT. P5 : COPY OF LETTER OF PETITIONER TO Director of Public Instruction DTD. 24.5.10. EXT. P6 : COPY OF LETTER OF Director of Public Instruction TO Assistant Educational Officer No.G1/60510/09 DTD. 23.6.10. EXT. P7 : COPY OF REPRESENTATION DTD. 3.8.10 OF PETITIONER TO GOVT. EXT. P8 : COPY OF G.O.(Rt) 1676/11/G.EDN DTD. 3.5.11. EXT. P9 : COPY OF LETTER OF R1 No.63167/F2/10/G.EDN DTD. 26.7.11. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.14367 OF 2011 --------------------------------------- Dated this the 8th day of November, 2011. J U D G M E N T The petitioner is the Manager of Velunni Gurukkal Memorial Junior Basic School. This writ petition is one challenging Ext.P6 communication issued by the Director of Public Instruction as well as Ext.P8 order passed by the Government. 2. The issue involved in the writ petition is whether the transfer of Management involving transfer of ownership of a running school requires prior permission. Learned counsel for the petitioner invited my attention to Ext.P8 order passed by the Government, whereby the Government has expressed the view that against the judgment of this Court in W.P.(C)No.28888/2010 (Koyyode Madrassa U.P.School vs. Director of Public Instructions reported in 2011(1)KLT 150), the Government has decided to file a Special Leave Petition and accordingly the appeal filed by the petitioner was rejected. 3. Learned counsel for the petitioner invited my attention W.P.(C) No.14367/2011 2 also to Ext.P9 communication issued by the Government to the Director of Public Instruction which reads as follows: “In inviting attention to the references cited, I am to inform you that since the Hon'ble Supreme Court has dismissed the S.L.P. filed by Government against the judgment dated 10.11.2010 in WP(C) No.28888/10, you are permitted to grant ex-post facto sanction in cases where change of management of schools was effected with change of ownership. You are directed to dispose off the backlog of such cases expeditiously”. The above communication shows that the Special Leave Petition stands dismissed by the Apex Court. In that view of the matter, Ext.P8 order will stand set aside. The Government will reconsider the matter, after hearing the petitioner, and take a fresh decision within a period of three months from the date of receipt of a copy of this judgment. It is made clear that this Court has not expressed anything on the merits of the matter. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp