IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 23RD AUGUST 2011 / 1ST BHADRA 1933 WP(C).No. 10883 of 2011(I) -------------------------- PETITIONER(S): --------------- TOM THOMAS.P., S/O.LATE THOMAS, AGED 64 YEARS, MANAGER, ST.THOMAS UPPER PRIMARY SCHOOL, PARANNUR, KUNNAMKULAM, THRISSURE DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.M.SAJJAD RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001. 2. THE DIRECTOR OF PUBLIC INSTRUCTION JAGATHY, TRIVANDRUM-14. 3. THE ASSISTANT EDUCATIONAL OFFICER, KUNNAMKULAM, THRISSUR DISTRICT-680 503. 4. DR.ANTO T.JOSEPH, THEKKEKKARA HOUSE NO.30/484, EAST BAZAAR, OLLUR, THRISSUR-680 306. 5. SRI.RAPHAEL T.JOSEPH, THEKKEKARA HOUSE, RANI AUTOMOBILES WORKSHOP KECHERY, THRISSUR-680 501. ADV. SRI.R.SREERAJ FOR R-4 SRI.M.A.ANZAR FOR R-4 R1 TO R3 BY G.P. SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/08/2011, ALONG WITH WPC NO. 11079 OF 2011 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC 10883/2011 EXT.P1-TRUE COPY OF HEARING NOTICE OF R2 DATED 18.8.2010 EXT.P2-TRUE COPY OF REQUEST OF PETITIOENR DT.28.8.2010 EXT.P3-TRUE COPY OF HEARING NOTICE DATED 30.8.2010 EXT.P4-TRUE COPY OF LETTER OF THE PETITIOENR DT.4.9.2010 EXT.P5-TRUE COPY OF HEARING NOTICE DT.11.10.2010 EXT.P6-TRUE COPY OF REPLY OF PETITIONER DT.21.10.2010 EXT.P7- TRUE COPY OF JUDGMENT OF THIS COURT IN WPC 16926/2010 DT.2.6.2010 EXT.P8-TRUE COPY OF JUDGMENT IN WPC 5511/2010 9.3.2010 EXT.P9-TRUE COPY OF ORDER DATED 29.8.1979 EXT.P10-TRUE COPY OF LETTER DATED 16.3.2010 EXT.P10(A)-TRUE COPY OF COMPLAINT FILED BY R4 DTED 20.2.2010 EXT.P10(B)-TRUE COPY OF LETTER OF MANAGER DT.30.4.2010 EXT.P11-TRUE COPY OF JUDGMENT IN WPC 33412/2010 DT.25.11.2010 EXT.P12-TRUE COPY OF RODER DATED 15.11.2010 EXT.P13-TRUE COPY OF ORDER DATED 10.1.2011 EXT.P14-TRUE COPY OF HEARING NOTE DATED 23.2.2011 EXT.P15-TRUE COPY OF ORDER DT.21.3.2011 EXT.P16-TRUE COPY OF DECISION REPORTED I N 1984 KLT 773 DT.20.7.1984 EXT.P17-TRUE COPY OF DECISION IN 1986 KLT SN 57 (C. NO.93) DT.15.10.1986 EXT.P18-TRUE COPY OF DECISION REPORTED IN 2011 KHC 48 DT.11.8.2010 EXT.P19-TRUE COPY OF JUDGMENT OF THIS COURT IN WA 746 OF 1986 DT.10.11.1986 EXT.P20-TRUE COPY OF APPEAL FILED BEFORE GOVERNMENT DT.29.3.2011 EXT.P20(A)-TRUE COPY OF STAY PETITION FILED ALONG WITH THE APPEALs RESPONDENTS' EXTS: EXT.R4(A)-TRUE COPY OF REPORT GIVEN BY DEO TO DPI EXT.R4(B)- TRUE COPY OF REPORT GIVEN BY AEO TO DPI // TRUE COPY // P.S. TO JUDGE T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) Nos. 10883/2011-I & 11079/2011-H - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of August, 2011. JUDGMENT These writ petitions are filed by the respective claimants for managership of St. Thomas U.P. School, Parannur. 2. The grievance raised in W.P.(C) No.10883/2011 is that the order Ext.P15, passed by the Director of Public Instruction is without granting an effective opportunity of being heard to the petitioner. Ext.P9 is the order of approval for transfer of management granted in favour of the petitioner therein. It appears that subsequently on the basis of the representation filed by the fifth respondent, the present order has been passed by the Director of Public Instruction. 3. This Court has already passed an interim order staying the operation of the order. Ext.P20 is the revision petition filed by the petitioner before the Government along with a stay petition. 4. Learned counsel for the petitioner in W.P.(C) No.11079/2011 which is filed by the fourth respondent in the other writ petition, submitted that since the revision petition is pending before the Government, the Government can be directed to dispose of the matter within a time frame. wpc 10883 & 11079/2011 2 The grievance in the said writ petition is against that portion of the order which refuses to appoint the petitioner therein as Manager of the school and about the proposal made to the Government to take over the management of the school. The petitioner therein also has approached the Government by filing Exts.P13 and P14, appeal and stay petition. 5. The writ petitions are therefore disposed of directing the Government to take appropriate decision on Ext.P20 filed by the petitioner in W.P.(C) No.10883/2011 and Exts.P13 and P14 produced in W.P.(C) No.11079/2011, after hearing all the parties, within a period of three months from the date of receipt of a copy of this judgment. All the respective parties are free to raise all their contentions before the Government. Till orders are passed, the interim order passed in W.P.(C) NO.10883/2011 will continue. No costs. (T.R. Ramachandran Nair, Judge.) kav/