IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 4TH JULY 2011 / 13TH ASHADHA 1933 WP(C).No. 8449 of 2011(E) ------------------------- PETITIONER: --------------- A.SARASWATHI, JOINT MANAGER, CHEMPAKASSERY HSS/TTI/UPS, BOOTHAKULAM PIN 691302, KOLLAM DISTRICT. BY ADV. SRI.S.MUHAMMED HANEEFF RESPONDENT(S): --------------- 1. DISTRICT EDUCATIONAL OFFICER, KOLLAM- 691 002. 2. THE DEPUTY DIRECTOR OF EDUCATION, THEVALLY, KOLLAM-691314. 3. DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001. 4. STATE OF KERALA, REP.BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001. 5. SALIJA.S.KUMAR, H.S.A.(ENGLISH), CHEMPAKASSERY HSS, BOOTHAKULAM, PIN 691302, KOLLAM DISTRICT. 6. A.VASUMATHY, JOINT MANAGER, CHEMPAKASSERY HSS/TTI/UPS, BOOTHAKULAM, PIN 691 302, KOLLAM DISTRICT. BY GOVT.PLEADER SHRI V.VIJULAL FOR R1 TO R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX in W.P.(C)No.8449/11 PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE BYE LAW OF THE CHEMPAKASSERY HSS/TTI/UPS, BOOTHAKULAM DT.NIL. EXT.P2 : COPY OF THE ORDER NO.B4/4463/10/K.DIS. DT.12.8.10 ISSUED BY THE 1ST RESPONDENT. EXT.P3 : COPY OF THE APPOINTMENT ORDER DT.31.5.10 ISSUED TO THE 5TH RESPONDENT. EXT.P4 : COPY OF THE REPRESENTATION DT.7.3.11 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P5 : COPY OF THE APPEAL/COMPLAINT FILED BY THE PETITIONER DT.11.3.11 BEFORE THE 2ND RESPONDENT. EXT.P6 : COPY OF THE REVISION FILED BY THE PETITIONER BEFORE THE GOVERNMENT DT.19.3.11. RESPONDENT'S EXHIBITS: //TRUE COPY// P.A. TO JUDGE dsn T.R.RAMACHANDRAN NAIR, J. ------------------------------------- W.P.(C)No.8449 Of 2011 -------------------------------------------------- DATED THIS THE 4TH DAY OF JULY, 2011 J U D G M E N T The petitioner is the Joint Manager of Chempakassery HSS/TTI/UPS, Bhoothakulam in Kollam District. 2. The management of the school is governed by the provisions of decree of Sub Court, Kollam in O.S.No.147/1988 and accordingly it is vested with the legal heirs of one Shri R.Achuthan for which an approved bye law is there as evident from Exhibit P1. It is pointed out by the learned counsel for the petitioner that after the election, the petitioner has been selected as one of the Joint Managers and Exhibit P2 is the order approving appointment of the petitioner and one Smt.Vasumathi as Joint Managers. 3. The present dispute is with regard to the appointment made by Smt.Vasumathi as joint Manager with effect from 1.6.2010 as per Exhibit P3. It is pointed out that the said Joint Manager has appointed one HSA(English) on 1.6.2010 in which the petitioner's signature has been forged. But, in spite of her W.P.(C)No.8449/11 -2- objections, approval has already been granted. 4. Various grounds have been stated in the Writ Petition to challenge the said appointment. 5. The learned counsel for the petitioner submitted that by Exhibit P6, the petitioner has filed a revision petition before the Government challenging the grant of approval to the newly appointed HSA, namely the 5th respondent. In the light of the order proposed to be passed, it is not necessary to issue notice to the respondents at this stage in the Writ Petition. 6. There will be a direction to the Government to take a decision on Exhibit P6 revision petition after hearing the petitioner and respondents 5 and 6 within a period of six months from the date of receipt of a copy of this judgment. The petitioner will forward a copy of the Writ Petition along with a copy of this judgment to the Government for compliance. It is made clear that this Court has not expressed anything on the merits of the dispute. The Writ Petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE. dsn