IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 4TH JANUARY 2008 / 14TH POUSHA 1929 WP(C).No. 522 of 2008(K) ------------------------ PETITIONER: ------------ SMT.ANILA RANI.S.S., "KRISHNA", NETTAYAM, KACHANI P.O. (VIA), VATTIYOORKAVU, THIRUVANANTHAPURAM, BY ADV. SRI.S.RAMESH BABU RESPONDENTS: ------------- 1. SARASWATHI VIDYALAYA, SENIOR SECONDARY RESIDENTIAL CENTRAL SCHOOL, REPRESENTED BY ITS SECRETARY, ARAPPURA JUNCTION, VATTIYOORKAVU, THIRUVANANTHAPURAM, 2. THE PRINCIPAL, SARASWATHI VIDYALAYA, SENIOR SECONDARY RESIDENTIAL CENTRAL SCHOOL, ARAPPURA JUNCTION, VATTIYOORKAVU, THIRUVANANTHAPURAM. 3. THE CENTRAL BOARD OF SECONDARY EDUCATION REPRESENTED BY ITS SECRETARY, EDUCATION, C.B.S.E II, COMMUNITY CENTRE, PREETVIHAR, NEW DELHI 110 092. BY ADV.SRI.DEVAN RAMACHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ======================= W.P.(C) No. 522 of 2008 (K) ======================= Dated this the 4th day of January, 2008 JUDGMENT By Ext.P15 order, the 2nd respondent terminated the service of the petitioner as a teacher of the 1st respondent's school. According to the petitioner, this action of respondents 1 and 2 is actuated by malafides. Therefore, the petitioner seeks the following reliefs: "i) Issue a writ of certiorari calling for the records leading upto Exhibit P15 and quash the same as being malafide, based on extraneous considerations, ultravires the powers of the 2nd respondent, contrary to the byelaws relating to affiliation to the CBSE as also in violation of Article 14 and 16 of the Constitution. ii) Issue a writ of mandamus commanding the 1st and 2nd respondent to reinstate the petitioner in service as teacher in the Saraswathy Vidyalaya with all consequential benefits. iii) Issue a writ of mandamus commanding the 3rd respondent to take necessary steps to ensure that the petitioner is reinstated in service with all consequential benefits thereof." 2. I feel that it is more appropriate that the 3rd W.P.(C) No. 522/2008/K -2- respondent considers the matter first, in view of the fact that at the time of earlier termination of service of the petitioner, this Court has directed so. Accordingly, this writ petition is disposed of with the following directions: The petitioner shall file a suitable representation before the 3rd respondent within two weeks from the date of receipt of a copy of this judgment. On receipt of the same, the 3rd respondent shall consider the same and pass a just and reasonable order after affording an opportunity of being heard to the petitioner as well as the 3rd respondent. Such orders shall be passed within a period of two months from the date of receipt of a copy of this judgment. S.SIRI JAGAN, JUDGE jp