IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 9TH NOVEMBER 2010 / 18TH KARTHIKA 1932 WP(C).No. 32877 of 2010(H) -------------------------- PETITIONER(S): --------------- BALARAMACHANDRA MENON H.S.A.(MATHS) PATTARYA SAMAJAM HIGH SCHOOL, PALLIPPURAM, CHERTHALA -688 541,NOW WORKING AS H.S.A.(MATHS), S.N.D.P.HIGH SCHOOL,KUTTAMANGALAM. BY ADV. SRI.S.VASUDEVAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, EDUCATION DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM-1 2. DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA. 4. DISTRICT EDUCATIONAL OFFICER, CHERTHALA, PIN-688 524. 5. MANAGER, PATTARYA SAMAJAM HIGH SCHOOL, PALLIPPURAM, CHERTHALA. 6. HEADMISTRESS, PATTARYA SAMAJAM HIGH SCHOOL, PALLIPPURAM, CHERTHALA. BY G.P.SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------ W.P.(C).No.32877 OF 2010 ------------------------------ Dated this the 9th day of November, 2010 JUDGMENT The petitioner was working as HSA in Pattarya Samajam High School, Pallippuram, Cherthala. He was deployed to Government Sanskrit High School, Charamangalam as a protected teacher. Thereafter, while working in Government Sanskrit High School, Charamangalam, the petitioner was transferred to S.N.D.P.High School, Kuttamangalam, where he is working at present. 2. According to the petitioner, during the academic year 2009-2010, sufficient divisions were available in the parent school to accommodate him, on the basis of applying teacher student ratio at 1:40. The petitioner made representations to the Educational Officers for accommodating him in the parent school. The petitioner submitted a detailed representation dated 4.10.2010 (Ext.P9) to the W.P.(C).No.32877 OF 2010 2 Deputy Director of Education, Alappuzha requesting to consider the question whether the petitioner could be accommodated in the parent school, taking into account the facts and circumstances mentioned in the representation. 3. Though several reliefs are claimed in the Writ Petition, the learned counsel for the petitioner submitted that for the time being, it would be sufficient, if Ext.P9 representation is directed to be disposed of by the Deputy Director of Education. 4. The learned Government Pleader, on instructions, submitted that there was an allegation that bogus admission of students were made in Pattarya Samajam High School and as per the order passed by the Director of Public Instruction, the District Educational Officer is conducting an enquiry into the matter under Rule 15 of Chapter XXIII of the KER. The enquiry is not completed and W.P.(C).No.32877 OF 2010 3 the matter is not finalized. The District Educational Officer has not submitted the report to the Deputy Director of Education. The learned Government Pleader submitted that Ext.P9 representation can be considered and the question of accommodating the petitioner in the parent school could be thought of only after finalizing the enquiry and after ascertaining the real state of affairs. Only after ascertaining that the petitioner can be accommodated in the parent school, his request in Ext.P9 can be considered. The learned counsel for the petitioner does not dispute the submission made by the learned Government Pleader that enquiry is going on in respect of the allegation of bogus admission of students in the parent school, namely, Pattarya Samajam High School. 5. In the facts and circumstances mentioned above, the Writ Petition is disposed of as follows: W.P.(C).No.32877 OF 2010 4 The Deputy Director of Education will consider Ext.P9 within a period of one month from the date of finalization on the question of bogus admission of students in Pattarya Samajam High School, after getting the report of enquiry from the District Educational Officer. The Deputy Director of Education shall afford an opportunity of being heard to the petitioner before disposing of Ext.P9 representation. The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the Deputy Director of Education. K.T.SANKARAN, JUDGE. cms