IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 21ST JANUARY 2009 / 1ST MAGHA 1930 WP(C).No. 36879 of 2008(M) PETITIONER: --------------- THE MANAGER, AL-SYED L.P.SCHOOL, PUTHENTHERUVU, KARUNAGAPPALLY-690 518. BY ADV. SRI.KURIAN GEORGE KANNANTHANAM (SR.) SRI.TONY GEORGE KANNANTHANAM RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT ANNEX,TRIVANDRUM. 2. THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM. 3. THE DISTRICT EDUCATIONAL OFFICER, KARUNAGAPPALLY. 4. THE ASSISTANT EDUCATIONAL OFFICER, KARUNAGAPPALLY-690 518. 5. SMT.K.BUSHARA, THOPPIL VADAKKETHIL, S.R.P.MARKET.P.O, KARUNAGAPPALLY-690 539. R5 BY ADV. SRI.P.K.SURESH KUMAR FOR R5 SRI.T.P.RAMACHANDRAN (THACHETH) GOVERNMENT PLEADER SRI.T.T.MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 COPY OF ORDER DATED 30.4.2008 OF THE PETITIONER. EX.P2 COPY OF ORDER DATED 9.5.2008 TO THE PETITIONER. EXT.P3 COPY OF NOTICE DATED 22.8.2008 ISSUED FROM THE SECOND RESPONDENT. EXT.P4 COPY OF ORDER DATED 16.10.2008 ISSUED FROM -DO- EXT.P5 COPY OF LETTER DATED 6.11.2008 ISSUED FROM THE FOURTH RESPONDENT. EXT.P6 COPY OF REVIEW PETITION DATED 10.11.2008 FROM THE PETITIONER. EXT.P7 COPY OF LETTER DATED 12.11.2008 FROM THE -DO- EXT.P8 COPY OF COMMUNICATION DATED 14.11.2008 FROM THE FOURTH RESPONDENT. EXT.P9 COPY OF NOTICE DATED 17.11.2008 ISSUED FROM THE SECOND RESPONDENT. EXT.P10 COPY OF LETTER DATED 29.11.2008 FROM THE FOURTH RESPONDENT. EXT.P11 COPY OF NOTICE DATED 5.12.2008 FROM THE DEO, KOLLAM. EXT.P12 COPY OF REPORT DATED 10.10.2008 ISSUED BY THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS: EXT.R5(a) TRUE COPY OF PETITION DATED 2.9.2008 SUBMITTED BY THE FIFTH RESPONDENT BEFORE THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM. //TRUE COPY// AHZ/ K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C) NO. 36879 OF 2008 M ------------------------------------------------------ Dated this the 21st January, 2009 JUDGMENT The petitioner is the Manager of Al-Syed L.P.School, Puthentheruvu, Karunagappally. The petitioner placed the Headmistress of the School, namely, the fifth respondent, under suspension by Ext.P1 order dated 30.4.2008. It is stated that the Assistant Educational Officer granted permission to keep the fifth respondent under suspension beyond fifteen days by Ext.P2 order. The grievance of the petitioner is that without notice to him, the Deputy Director of Education, Kollam, passed Ext.P4 order dated 16.10.2008, directing the petitioner to reinstate the fifth respondent. 2. Learned counsel appearing for the fifth respondent submitted that it is true that Ext.P4 order was passed without notice to the petitioner and without affording him an opportunity of being heard. Ext.P3 notice was issued by the Deputy Director of Education in respect of some other matter and the Manager was heard in that matter and taking into account those proceedings as well, the Deputy Director of Education passed Ext.P5 order. Learned Government Pleader also submitted that though W.P.(C) NO.36879 OF 2008 :: 2 :: notice was issued to the petitioner in some other matter, strictly speaking, no notice was issued to the petitioner in the particular proceedings. 3. Learned counsel for the fifth respondent submitted that Ext.R5 (a) representation dated 2.9.2008 was submitted by her to the Deputy Director of Education seeking reinstatement by reviewing the order under Rule 67(8A) of Chapter XIVA of the Kerala Education Rules and the Deputy Director had passed Ext.P4 order. Learned counsel for the petitioner disputes this submission and contends that it was not after considering Ext.R5(a) that Ext.P4 order has been passed. 4. Now it is not in dispute that the petitioner was not heard before passing Ext.P4 order. Therefore, Ext.P4 order is liable to be quashed and I do so. All the consequential proceedings and orders issued by the Assistant Educational Officer and the notice issued by the Deputy Director of Education (Ext.P9) are also quashed. The Deputy Director of Education would be free to consider and dispose of Ext.R5(a) representation submitted by the fifth respondent, after affording an opportunity of being heard to the petitioner, the fifth respondent and any other affected party. W.P.(C) NO.36879 OF 2008 :: 3 :: With the above observations, the Writ Petition is allowed and Ext.P4 order and all consequential orders are quashed. (K.T.SANKARAN) Judge ahz/