IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 1ST JANUARY 2009 / 11TH POUSHA 1930 WP(C).No. 37938 of 2008(N) PETITIONER: --------------- THE MANAGER, V.C.KUMARAN MEMORIAL ENGLISH MEDICUM L.P. SCHOOL, KANJANY, P.O. KANJANY, THRISSUR 680612. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENTS: --------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION JAGATHY, TRIVANDRUM-14. 3. THE DEPUTY DIRECTOR OF EDUCATION, AYYANTHOLE, THRISSUR DISTRICT. 4. THE DISTRICT EDUCATIONAL OFFICER THRISSUR DISTRICT. 5. THE ASSISTANT EDUCTIONAL OFFICER THRISSUR WEST. GOVERNMENT PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C) NO. 37938 OF 2008 N ------------------------------------------------------ Dated this the 1st January, 2009 JUDGMENT The petitioner is the Manager of V.C.Kumaran Memorial English Medium L.P.School, Kanjany, which is an unaided recognized school. It is stated that the School was functioning since 1986. According to the petitioner, the School was located at a very busy place and very near to bar hotel, toddy shop etc. The petitioner states that at the request of the parents and after intimating the Department, petitioner shifted the School to a nearby area at Manattukara. Ext.P2 letter dated 26.5.2008 was issued by the petitioner intimating that the Management had decided to shift the School from Kanjany to Manattukara. Petitioner states that on the bona fide belief that the Department would sanction permission, the School was shifted on a temporary arrangement. 2. The District Educational Officer issued a show cause notice to the petitioner inviting his objections as to why the recognition of the School should not be withdrawn. Ext.P3 hearing note was submitted by the petitioner. Ext.P4 order dated 6.10.2008 was passed by the District Educational Officer, Thrissur withdrawing the recognition granted to W.P.(C) NO.37938 OF 2008 :: 2 :: V.C.Kumaran Memorial English Medium School, Kanjany. It is stated in Ext.P4 that the Management shifted the School from Kanjany to Manattukara without prior permission of the Departmental authorities. The distance from Kanjany to Manattukara is 3 ½ kms. It is also stated in Ext.P4 that the School is presently working in a thatched shed and fitness certificate was not obtained from the Public Works Department authorities. It is also stated in Ext.P4 that no schools are allowed to function in thatched sheds without fitness certificate from the concerned authority. Challenging Ext.P4 order, the petitioner has filed Ext.P5 Revision before the Government under Chapter V Rule 23BB of the Kerala Education Rules. Ext.P5 Revision is pending before the Government. 3. The reliefs prayed for in the Writ Petition are the following: “a) call for the records relating to Exhibit P4 and quash the original of the same by the issue of a writ of certiorari or other appropriate writ or order. b) issue a writ of mandamus or other appropriate writ order or direction commanding the 1st Respondent to effectively consider and pass appropriate orders upon Exhibit P5 after affording an opportunity of being heard to the Petitioner within a time limit, keeping in abeyance Exhibit P4 in the while. c) pass such other order or direction which this Hon'ble Court may deem fit and proper to grant in the circumstances of the case.” W.P.(C) NO.37938 OF 2008 :: 3 :: 4. The petitioner confines the relief to relief (b). It is only proper to grant the relief. It is necessary to dispose of Ext.P5 Revision expeditiously, after affording an opportunity of being heard to the petitioner. I am also of the view that if Ext.P4 is implemented pending disposal of Ext.P5 Revision, it will affect not only the Management but also the students as well. In the facts and circumstances of the case, the Writ Petition is disposed of as follows: i) The first respondent shall dispose of Ext.P5 Revision as expeditiously as possible and, at any rate, within a period of two months from the date of receipt of a copy of the judgment, after affording an opportunity of being heard to the petitioner and the affected or interested party, if any. ii) Petitioner shall produce a copy of the Writ Petition and a copy of the judgment before the first respondent within a period of two weeks. iii) Pending disposal of Ext.P5 Revision, operation of Ext.P4 shall be kept in abeyance. W.P.(C) NO.37938 OF 2008 :: 4 :: iv) Petitioner shall not demolish the school buildings which existed in the erstwhile location at Kanjany and also shall not dispose of the property where the school buildings were located, until Ext.P5 Revision is disposed of. (K.T.SANKARAN) Judge ahz/