IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 18TH MARCH 2008 / 28TH PHALGUNA 1929 WP(C).No. 8746 of 2008(N) ------------------------- PETITIONER: ------------ BEENA V.S., H.S.A. (MATHEMATICS), ELAMANNOOR HIGH SCHOOL, ELAMANNOOR PATHANAMTHITTA DISTRICT. BY ADV. SRI.S.MUHAMMED HANEEFF RESPONDENTS: ------------- 1. THE MANAGER, HIGH SCHOOL, ELAMANNOOR PATHANAMTHITTA. 2. DISTRICT EDUCATIONAL OFFICER PATHANAMTHITTA. 3. DEPUTY DIRECTOR OF EDUCATION PATHANAMTHITTA AT THIRUVALLA. 4. DIRECTOR OF PUBLIC INSTRUCTIONS THIRUVANANTHAPURAM. 5. STATE OF KERALA, REP. BY ITS SECRETARY GENERAL EDUCATION DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. A.J. VARGHESE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.8746 OF 2008 ---------------------------------------- Dated this the 18th day of March, 2008 JUDGMENT The petitioner challenges Ext.P4 order passed by the 3rd respondent. The main complaint of the petitioner is that Ext.P4 order has been passed in violation of direction in Ext.P3 judgment and further that it is a non-speaking order in so far as no reasons are mentioned therein. 2. I have heard the learned Government pleader also. In Ext.P3 judgment in W.P.(C) No.33328/07 filed by the petitioner herself, I had directed the Deputy Director of Education to pass appropriate orders on Ext.P2 appeal in that writ petition, after affording an opportunity of being heard to the petitioner as well as the manager of the School. Ext.P4 order makes it abundantly clear that only the manager has been heard. In fact the action of the Deputy Director may even amount to contempt of court. Further, although some reason is mentioned in Ext.P4, I do not think that this is the way the Deputy Director should pass orders in the matter. W.P.(c) No.8746/08 2 Accordingly, Ext.P4 is quashed and the 3rd respondent is directed to consider the matter afresh and pass appropriate orders, after affording an opportunity of being heard to the petitioner as well as the manager of the School and pass a speaking order dealing with each and every contention of the manager and the petitioner and entering specific findings thereon. This shall be done within a period of one month from today. The writ petition is disposed of as above. S. SIRI JAGAN, JUDGE Acd W.P.(c) No.8746/08 3