IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 25TH NOVEMBER 2010 / 4TH AGRAHAYANA 1932 WP(C).No. 29345 of 2010(P) -------------------------- PETITIONER(S): --------------- V.C.PRAVEEN, MANAGER, KOORIKUZHI A.M.U.P.SCHOOL, KAIPAMANGALAM, P.O.KOORIKUZHI, THRISSUR-680681. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM-14. 3. THE DISTRICT EDUCATIONAL OFFICER, CHAVAKKAD, THRISSUR DISTRICT-680506. 4. THE ASSISTANT EDUCATIONAL OFFICER, VALAPPAD, THRISSUR DISTRICT-680567. 5. SRI.K.K.KRISHNANANDA BABU, KANJIRAPARAMBIL HOUSE, CHETTIPARAMBATH, IRINJALAKUDA-680121. ADV. SMT.S.KARTHIKA FOR R5 SRI.M.S.UNNIKRISHNAN FOR R5 SRI.M.R.ANISON FOR R5 SMT.K.P.GEETHA MANI FOR R5 GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- W.P.(C).No.29345 of 2010 --------------------------------------------- Dated this the 25th day of November, 2010 JUDGMENT The petitioner is working as Lab Assistant in V.P.M.S.N.D.P. Higher Secondary School, Kazhimbram, Thrissur. He purchased the property and school of Koorikuzhi A.M.U.P. School as per sale deed dated 17.1.2009. The petitioner submitted Exhibit P1 application dated 12.2.2009 before the Director of Public Instruction for change of management involving change of ownership. Certain defects were noticed in the application. It is stated that the defects were cured. Since the petitioner is working as Lab Assistant in another school, he sought for sanction of the Government as per Exhibit P8 application. In Exhibit P8 post-facto sanction was sought for. Exhibits P1 and P8 are pending disposal before the Director of Public Instruction and the Government respectively. WPC No.29345/2010 2 2. The relief sought for by the petitioner in this Writ Petition is to direct the first respondent and second respondent to consider and dispose of Exhibits P8 and P1 respectively. 3. The learned Government Pleader submitted that at first, sanction as sought for in Exhibit P8 should be considered and only thereafter Exhibit P1 can be considered and disposed of. 4. In the facts and circumstances, the Writ Petition is disposed of as follows : (i) The first respondent shall consider Exhibit P8 application dated 26.11.2009 submitted by the petitioner, 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 WPC No.29345/2010 3 affording an opportunity of being heard to the petitioner. (ii) After Exhibit P8 is disposed of, the order thereon shall be placed before the Director of Public Instruction and the Director of Public Instruction shall consider Exhibit P1 application in accordance with law, within a period of two months thereafter, after affording an opportunity of being heard to the petitioner. (iii) The petitioner shall produce copy of the Writ Petition and certified copy of the judgment before the first respondent. K.T.SANKARAN JUDGE csl