IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 24TH FEBRUARY 2010 / 5TH PHALGUNA 1931 WP(C).No. 19454 of 2009(B) -------------------------- PETITIONER(S): --------------- SUHARABI, AGED 70 YEARS, W/O.LATE MR.U.AHAMED KABEER AND D/O.LATE A.S.MUHAMMEDKUTTY SAHIB, POST OFFICE ROAD, ALATHUR. BY ADV. SRI.T.SETHUMADHAVAN SRI.PUSHPARAJAN KODOTH SRI.K.JAYESH MOHANKUMAR SMT.VANDANA MENON SMT.ANJU P.NAIR RESPONDENT(S): --------------- 1. THE DISTRICT EDUCATIONAL OFFICER, PALAKKAD. 2. SMT.M.KHADEEJA BEEGAM, D/O.A.S.MOHAMMED KUTTY SAHIB, T.C.35/372, V.G.-157, VALLAKKADAVU P.O., TRIVANDRUM-695 008. 3. THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD. ADV. SMT.M.A.ZOHRA FOR R2 SRI.R.S.MADHU FOR R2 SRI.MAHESH ANANDAKUTTAN FOR R2 GOVERNMENT PLEADER SRI. T.T. MUHAMOOD FOR R1 & 3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 19454 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 24th day of February, 2010. J U D G M E N T In respect of a management dispute, the 1st respondent has passed Ext. P4 order, wherein the 2nd respondent has been approved as the manager of the aided school, managership of which is in dispute between the petitioner and the 2nd respondent. The petitioner has filed Ext. P5 objection to the same to the 1st respondent-District Educational Officer. The petitioner seeks a direction to the 1st respondent to consider and pass orders on Ext. P5. 2. The learned Government Pleader points out that against Ext. P4, a statutory appeal would lie before the Director of Public Instruction and therefore there is no point in directing the 1st respondent to consider and pass orders on Ext. P5. The same contention is taken by the 2nd respondent also. 3. I have considered the rival contentions in detail. 4. I am of opinion that the 1st respondent can forward Ext. P5 to the Director of Public Instruction treating the same as an appeal filed before the D.P.I. He shall do so within one week from the date of receipt of a copy of this judgment. The Director of Public instruction shall, on receipt of the same, consider the same as an appeal against Ext. P4 order and dispose of the same on merits as expeditiously as possible, at any rate, within two months from the date of receipt of Ext. P5 from the 1st respondent, after affording an opportunity of being heard to the petitioner and the 2nd respondent. The writ petition is disposed of as above. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.