IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 25TH JULY 2011 / 3RD SRAVANA 1933 WP(C).No. 19615 of 2011(B) -------------------------------- PETITIONERS: ---------------- 1. S.UMMER FAROOK, AGED 43 YEARS, MANAGER, H.A.UPPER PRIMARY SCHOOL, AKKARA, KAVASSERY P.O., PALAKKAD DISTRICT, PIN-678 543. 2. A.BASHEER, S/O. ABDUL KHADER RAWTHER, SUHARA MANZIL, CHUNDAKKAD, KAVASSERY, PALAKKAD DISTRICT, PIN-678 543. BY ADVS. SRI.C.A.MAJEED SRI.K.H.ASIF RESPONDENTS: ------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. DIRECTOR OF PUBLIC INSTRUCTION, DIRECTOR OF PUBLIC INSTRUCTION OFFICE, JAGATHY, THIRUVANANTHAPURAM-695 001. 3. ASSISTANT EDUCATIONAL OFFICER, ALATHUR, PALAKKAD DISTRICT-678 001. BY SRI.V. VIJULAL, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.19615/2011 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF ORDER DTD. 11.10.10 ISSUED BY R3. EXT. P2 : COPY OF APPLICATION DTD. 6.5.10 SUBMITTED BY 2ND PETITIONER TO R2 THROUGH R3. EXT. P3 : COPY OF APPLICATION DTD. 6.5.10 SUBMITTED BY 1ST PETITIONER TO R2 THROUGH R3. EXT. P4 : COPY OF ORDER DTD. 18.8.10 ISSUED BY R2. EXT. P5 : COPY OF APPLICATION DTD. 20.9.10 SUBMITTED BY MANAGER OF H.A.U.P. SCHOOL BEFORE R1. EXT. P6 : COPY OF ORDER DTD. 25.5.11 ISSUED BY R1. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.19615 OF 2011 --------------------------------------- Dated this the 25th day of July, 2011. J U D G M E N T The 1st petitioner is the Manager and the 2nd petitioner is the former Manager of the school. It is averred in the writ petition that the present owners of the property executed an agreement for sale in favour of the petitioners for transfer of the property including management of the school. The approval for the same was declined by the Director of Public Instruction as per Ext.P4. Against the same, the 2nd petitioner filed a revision petition before the Government as per Ext.P5. Ext.P5 was treated as a representation by the Government and by Ext.P6, the same stands rejected. 2. Learned counsel for the petitioners submitted that the disposal of Ext.P5 is without hearing the petitioners and therefore, there is clear violation of the principles of natural justice. It is further pointed out that no detailed considerations have been made of the points raised in Ext.P5 and the W.P.(C) No.19615/2011 2 representation is disposed of in the light of a letter referred to as item No.2 in Ext.P6 from the Director of Public Instruction. 3. Evidently, the order passed by the Director of Public Instruction as per Ext.P4 was under challenge before the Government. The petitioners have raised various contentions in Ext.P5. It is submitted by the learned counsel for the petitioners that the issue is covered in favour of the petitioners in the light of the decision in Koyyode Madrassa U.P.School vs. Director of Public Instructions (2011 (1) KLT 150) wherein it was held that when the school is transferred as a running school, no prior permission is required. Heard the learned Government Pleader also. Evidently, Ext.P6 is not a reasoned order. The petitioners have also not been heard in the matter. Therefore, Ext.P6 is quashed. The parties will be heard and an appropriate decision will be taken after considering various aspects pointed out in Ext.P5 within a period of four months from the date of receipt of a copy of this judgment. The petitioners will forward a copy of this judgment along with a copy of the writ petition for compliance. Since I W.P.(C) No.19615/2011 3 have not considered the merits of the matter and as the matter is to be reheard, no notice need be issued to the respondents herein. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp