IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 5TH SEPTEMBER 2011 / 14TH BHADRA 1933 WP(C).No. 23533 of 2011(N) -------------------------- PETITIONER(S): --------------- MURALEEDHARAN NAIR, S/O.KRISHNA PILLAI, 'GANGOTHRI', DHANUVACHAPURAM POST, NEYYATTINKARA, THIRUVANANTHAPURAM. BY ADV. SRI.P.B.KRISHNAN SMT.GEETHA P.MENON SRI.P.B.SUBRAMANYAN RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION (F) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. PIN - 695001. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. PIN - 695001. 3. THE DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM. PIN - 695001. 4. THE ASSISTANT EDUCATION OFFICER, PARASSALA, THIRUVANANTHAPURAM PIN - 695502. 5. SRI.W.SHAJI, MANAGER, KARAKODE U.P.SCHOOL, PARASSALA, THIRUVANANTHAPURAM PIN - 695502. GOVERNMENT PLEADER, SHRI V.VIJULAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 23533 of 2011 APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE SALE DEED DT.30/6/2011 NO.1385/2011 SRO KOLATHUR EXT.P2 TRUE COPY OF THE SALE DEED NO.2879/2010, SRO KOLATHUR DT.13/12/2010 EXT.P3 TRUE COPY OF THE SALE DEED NO.83/11, SRO KOLATHUR DT.12/1/2011 EXT.P4 TRUE COPY OF THE APPLICATION FOR CHANGE OF MANAGEMENT INVOLVING CHANGE OF OWNERSHIP OF THE SCHOOL DT.29/6/2011 EXT.P5 TRUE COPY OF THE APPLICATION FOR CHANGE OF MANAGEMENT DT.29/6/2011 EXT.P6 TRUE COPY OF THE COMMUNICATION NO.F/1985/11 ISSUED BY RESPONDENT NO.4 DT.16/8/2011 RESPONDENTS' EXTS: NIL \\TRUE COPY// P.A TO JUDGE T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.23533/2011-N ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 5th day of September, 2011 J U D G M E N T This writ petition is filed by the petitioner seeking for a direction to the second respondent to take appropriate decision with regard to the applications filed as per Exts.P4 and P5 for approving the change of Management involving change of Ownership under Rule 5A of Chapter III of the Kerala Education Rules. 2. The petitioner is also aggrieved by the communication issued by the Assistant Educational Officer as per Ext.P6 whereby the Manager is directed to produce the No-objection Certificate of certain teachers who are remaining outside consequent on reduction of posts. 3. Heard the learned counsel for the petitioner and the learned Government Pleader. 4. Learned counsel for the petitioner submitted that the no-objection certificates of any of such teachers are not a pre-requirement under the relevant W.P.(C). No.23533/2011 -:2:- Rules, for the Director of Public Instruction to grant sanction with regard to the application for change of Management/change of Ownership. 5. Learned Government Pleader on getting instructions submitted that the application will be forwarded to the Director of Public Instruction as sought for by the petitioner. 6. In that view of the matter, the originals of Exts.P4 and P5 applications will be forwarded by the Assistant Educational Officer to the Director of Public Instruction ignoring the communication Ext.P6 within a period of three weeks from the date of receipt of a copy of this Judgment and the Director of Public Instruction will take appropriate decision in the matter with notice to the petitioner and the fifth respondent within a further period of two months from the date of receipt of the applications and documents, if any, from the Assistant Educational Officer. The petitioner will forward a copy of the writ petition along with a certified copy of the Judgment to the W.P.(C). No.23533/2011 -:3:- respective Officers for compliance. The writ petition is disposed of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms