IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 14TH JANUARY 2009 / 24TH POUSHA 1930 WP(C).No. 1538 of 2009(G) PETITIONER : T.P.MUNEERA, MANAGER W/O.ALAVIKUTTY, AGED 38 YEARS MANGATTUMURI A.M.L.P.SCHOOL, PO OILAVATTUR 673 638, KONDOTTY SUB DISTRICT, MALAPPURAM DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA SRI.T.V.VIJAYARAJAN RESPONDENTS: 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARAIT, TRIVANDRUM. 2. THE DISTRICT EDUCATIONAL OFFICER MALAPPURAM DISTRICT. 3. THE ASSISTANT EDUCATIONAL OFFICER KONDOTTY, MALAPPURAM DISTRICT. 4. SMT. I.SUBAIDA HEADMISTRESS, MANGATTUMURI A.M.L.P. SHCOOL P.O. OLAVATTUR 673 638, KONDOTTY SUB DISTRICT MALAPPURAM DISTRICT. GOVERNMENT PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C) NO. 1538 OF 2009 G ------------------------------------------------------ Dated this the 14th January, 2009 JUDGMENT The petitioner is the Manager of Mangattumuri A.M.L.P.School, Olavattur in Malappuram District. It is stated that the fourth respondent was promoted and appointed as Headmistress with effect from 1.11.2008 in the vacancy which arose on account of the retirement of the then Headmaster. The proposal for approval of the promotion of the fourth respondent was rejected by the Assistant Educational Officer as per Ext.P1 order dated 2.12.2008, on the main ground that “there is no established Manager to AMLPS, Mangattumuri since the transfer of Management has not been effected in favour of Smt.Muneera.T.P.”. 2. It is stated that the former Manager of the School was Sri.Monudheen Haji. He expired on 28.12.1995. He was succeeded by his legal heirs. The legal heirs of Monudheen Haji sold the properties to the petitioner as per document No.857 dated 15.5.2003. The petitioner claims that he became the owner of the School and accordingly the Manager of the School. It is also stated that as per Ext.P2 order dated 22.3.2004, the Assistant Educational Officer provisionally approved the change of management in favour of the petitioner with effect from W.P.(C) NO.1538 OF 2009 :: 2 :: 15.5.2003. It is also stated that on 23.6.2003, the petitioner had appointed an Arabic teacher on the basis of Ext.P2 provisional approval and that appointment was approved by the Assistant Educational Officer, as per Ext.P3 order. Challenging Ext.P1, the petitioner has filed Ext.P4 appeal before the District Educational Officer, Malappuram. Ext.P4 appeal has not been disposed of so far. 3. The reliefs prayed for in the Writ Petition are the following: “(i) call for the records relating to Exhibit P1 and quash the original of the same by the issue of a writ of certiorari or other appropriate writ or order; (ii) issue a writ of mandamus or other appropriate writ order or direction commanding 3rd Respondent to approve the promotion of the 4th Respondent as Headmistress of the School forthwith; (iii) issue a writ of mandamus or other appropriate writ order or direction commanding the 2nd Respondent District Educational Officer, Malappuram to effectively consider and pass appropriate orders upon Exhibit P4 after affording an opportunity of being heard to the petitioner within a time limit; (iv) pass such other order or direction which this Hon'ble Court may deem fit and proper to grant in the circumstances of the case.” 4. Learned counsel for the petitioner submits that, for the present, the petitioner would be satisfied if relief No.(iii) is granted. Learned Government Pleader submitted that the District Educational Officer will pass appropriate orders on Ext.P4 appeal expeditiously. W.P.(C) NO.1538 OF 2009 :: 3 :: In the facts and circumstances of the case, the Writ Petition is disposed of as follows: a) The District Educational Officer, Malappuram shall consider and dispose of Ext.P4 appeal as expeditiously as possible and, at any rate, within a period of two months from the date of receipt of a copy of the judgment, after affording an opportunity of being heard to the petitioner and the fourth respondent. b) The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the District Educational Officer. (K.T.SANKARAN) Judge ahz/