IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 9TH FEBRUARY 2009 / 20TH MAGHA 1930 WA.No. 297 of 2009() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.2865/2009 Dated 04/02/2009 .................... APPELLANT(S): RESPONDENTS IN WPC -------------------------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY,EDUCATION DEPARTMENT, GOVT.SECRETARIAT,T HIRUVANANTHAPURAM. 2. THE DIRECTOR, HIGHER SECONDARY EDUCATION HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHPURAM. 3. THE JOINT DIRECTOR, (EXAMINATION WING), DIRECTORATE OF HIGHER SECONDARY,THIRUVANANTHM BY GOVERNMENT PLEADER SRI.K. SANDESH RAJ RESPONDENT(S): PETITIONER IN THE WPC ------------------------------------ VITOBA HIDHER SECONDARY SCHOOL, KAYAMKULAM, REP; BY IS MANAGER,BALAKRISHNA SHENOY. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 09/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 297 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of February, 2009 JUDGMENT Balakrishnan Nair, J. The respondents in W.P.(C) No. 2865 of 2009 are the appellants. The respondent herein was the writ petitioner, who is the Manager of a Higher Secondary School. There is an examination centre for the Plus Two course in the respondent's school. It appears there were some disputes between the then Chief Superintendent of Examination and the Deputy Chief Superintendent of the examination in relation to the examination held in 2006. The latter filed some complaints regarding the conduct of the examination in the school. She alleged that the Chief Superintendent colluded with the Management to commit malpractices in the Examination. In 2007 and 2008 the said school was recognised as examination centre. 2. While so, the Government issued an order dt.27.9.2008, which is produced as Annex.A3, directing inter alia, the W.A.No. 297 of 2009 2 Director, Higher Secondary Education to take action against the Manager. As per Annex.A3, among other things, the Government directed the Director of Higher Secondary Education to cancel the examination centre in the school. In obedience to the said direction, the Director, Higher Secondary Education issued Ext.P12 dt.23.10.2008 cancelling the examination centre in the petitioner's school. The writ petition was filed challenging Ext.P12. 3. After hearing both sides, the learned Single Judge passed the impugned interim order on 4.2.2009 staying the operation of Ext.P12. 4. The respondents in the writ petition, aggrieved by the said direction, has filed this appeal. An order in the nature of Ext.P12 will cause serious adverse consequences to the writ petitioner. The learned Judge, prima facie, found that Ext.P12 order was passed without notice to or hearing the petitioner. Certain other observations were also made on the merits of the case, when the impugned interim order was granted. 5. Having regard to the balance of convenience, the findings based on which, the interim order was passed and the limited scope of W.A.No. 297 of 2009 3 the appeal against an interim order filed under Section 5 of the Kerala High Court Act, we feel that this is not a fit case where the Appellate Court should interfere. The learned Government Pleader pointed out the grievances of the appellants against the findings of the learned Single Judge. We notice that they are all prima facie findings, which will bind none when the matter is finally heard. The appellants may move for early hearing of the Writ Petition. 6. Subject to the above observations, this writ appeal is dismissed. (K. BALAKRISHNAN NAIR) Judge (M.L. JOSEPH FRANCIS) Judge tm