IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 26TH MARCH 2009 / 5TH CHAITHRA 1931 WP(C).No. 6898 of 2009(F) ----------------------------------- PETITIONER(S): ----------------------- ISMAIL, S/O. UNNIMOYIN HAJI, PRINCIPAL, RAHMANIYA VOCATIONAL HIGHER SECONDARY SCHOOL FOR HANDICAPPED, CALICUT (NOW UNDER SUSPENSION) MANGATT HOUSE, NEAR DEEDA THEATRE, POST MAVOOR, KOZHIKODE. BY ADV. MR.K.M.SATHYANATHA MENON RESPONDENT(S): ------------------------- 1. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 2. THE STATE OF KERALA, REP. BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE MANAGER, RAHMANIYA VOCATIONAL HIGHER SECONDARY SCHOOL FOR HANDICAPPED, CALICUT. GOVERNMENT PLEADER MR.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------- W.P(C) No. 6898 of 2009-F ------------------------------ Dated this the 26th day of March, 2009. J U D G M E N T Heard. Sri.K.M.Sathyanantha Menon, the learned counsel appearing for the petitioner and Sri.A.J.Varghese, the learned Government Pleader appearing for respondents 1 and 2. In the nature of order that I propose to pass, it is not necessary to issue notice to or hear the third respondent. 2. The petitioner is the Headmaster of Rahmaniya Vocational Higher Secondary School for Handicapped, Kozhikode. He was placed under suspension by Ext.P1 order dated 1.12.2007 issued by the third respondent Manager. A preliminary enquiry was thereafter conducted and by Ext.P2 order passed on 11.12.2007, the Deputy Director of Education, Kozhikode permitted continuance of the suspension beyond 15 days. The Government thereafter issued Ext.P3 order dated 24.1.2008 invoking its power under Section 12A of the Kerala Education Rules, 1958, placing the petitioner under suspension. In view of Ext.P3, the appeal filed by the petitioner before the Director of Public Instruction challenging Ext.P1 order of suspension was rejected. The petitioner submits W.P(C) No. 6898 of 2009-F 2 that seeking revocation of the order of suspension he has moved Ext.P7 revision before the Director of Public Instruction and Ext.P8 revision before the Government. In this writ petition the petitioner inter alia seeks a direction to the said authorities to consider the request made in Exts.P7 and P8 and pass orders thereon within a time limit to be fixed by this Court. The pleadings disclose that the petitioner is now continuing under suspension in view of Ext.P3 Government order dated 24.1.2008. He was initially placed under suspension by the Manager on 1.12.2007. Nearly 15 months have passed thereafter. In these circumstances, I am of the opinion that the Government should consider whether petitioner should continue to be under suspension. I accordingly dispose of the writ petition with a direction to the Government to consider the request made by the petitioner in Ext.P8 and take decision thereon after notice to and affording the petitioner and the third respondent Manager an opportunity of being heard. Final orders in that matter shall be passed within two months from the date of receipt of a certified copy of the judgment. Sd/- P.N.RAVINDRAN ab JUDGE W.P(C) No. 6898 of 2009-F 3 ab