IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 15TH NOVEMBER 2011 / 24TH KARTHIKA 1933 WP(C).No. 30169 of 2011(U) -------------------------------- PETITIONER: -------------- SMT.SAVITHRI.P,MANAGER,CHEEKKILODE AMLP SCHOOL,CHEEKKILODE.P.O,KOZHIKODE DISTRICT. BY ADV. SRI.R.K.MURALIDHARAN RESPONDENTS: ------------------ 1. THE STATE OF KERALA REP.BY SECRETARY TO GENERAL EDUCATION DEPARTMENT,TRIVANDRUM. 2. THE DISTRICT EDUCATIONAL OFFICER, THAMARASSERY. 3. T.ABOOBACKER,ASSISTANT EDUCATIONAL OFFICER,BALUSSERY,KOZHIKODE. 4. T.BABURAJ,HEADMASTER(UNDER SUSPENSION), CHEEKKILODE AMLP SCHOOL,CHEEKKILODE.P.O, KOZHIKODE. BY SRI. M.A. FAYAZ, SR. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.30169/2011 A P P E N D I X PETITIONER'S EXHIBITS: EXT.P1: A TRUE COPY OF THE SUSPENSION ORDER NO.101/2011 DATED 11-7-2011. EXT.P2: A TRUE COPY OF THE STATEMENT IN WHICH THE MPTA PRESIDENT TEACHERS AND PARENT SIGNED. EXT.P3: A TRUE COPY OF THE ATTENDANCE REGISTER OF THE SCHOOL FOR THE MONTH OF JUNE 2011. EXT.P4: A TRUE COPY OF THE RELEVANT PAGES OF THE CHARGE HAND OVER REGISTER KEPT IN THE SCHOOL. EXT.P5: A TRUE COPY OF THE RELEVANT PAGE OF THE MOVEMENT REGISTER. EXT.P6: A TRUE COPY OF THE ACQUAINTANCE REGISTER FOR SSA FUND 2007-2008. EXT.P7: A TRUE COPY OF THE ORDER NO.C.2639/11 DTD:22-7-2011. EXT.P8: TRUE COPY OF THE REVISION PETITION EXCLUDING THE ENCLOSURES FILED BEFORE THE IST RESPONDENT DATED 26/7/11. EXT.P8(a): TRUE COPY OF THE INTERLOCUTORY APPLICATION DATED 26-7-2011. EXT.P9: A TRUE COPY FO THE JUDGMENT IN W.P(C)21032/2011 DATED 31-8-2011. EXT.P10: A TRUE COPY OF THE ARGUMENT NOTE EXCLUDING THE ENCLOSURES. EXT.P11: A TRUE COPY OF THE ORDER DATED 28-10-2011. EXT.P12: TRUE COPY OF THE REPLY DATED 22-8-2011 GIVEN BY THE 3RD RESPONDENT. WP(C).No.30169/2011 EXT.P13: A TRUE COPY OF THE SHOW CAUSE NOTICE DATED 24-9-2011 ISSUED BY THE 3RD RESPONDENT. EXT.P14: A TRUE COPY OF THE VISIT BOOK DATED 10-11-2011. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.30169 OF 2011 --------------------------------------- Dated this the 15th day of November, 2011. J U D G M E N T This writ petition is filed by the petitioner, who is the Manager of Cheekkilode AMLP School, challenging Ext.P11 order passed in a stay petition filed by the petitioner in a revision petition. 2. The subject matter of this writ petition relates to the suspension of the 4th respondent Headmaster and the subsequent reinstatement ordered by the Assistant Educational Officer. Initially, after the preliminary investigation, by Ext.P7 order, the Assistant Educational Officer directed the 4th respondent to be reinstated in service. This was challenged by the petitioner in a writ petition before this Court wherein by Ext.P9 judgment, this Court after noticing that the revision petition and the stay petition are pending, directed the Government to take a decision in respect of both the revision petition and the stay petition within specified periods. The stay petition was directed to be W.P.(C) No.30169/2011 2 disposed of within a period of six weeks from the date of the judgment. 3. By Ext.P11 order, the Government found that there is no justification for placing the 4th respondent under suspension indefinitely and accordingly the stay petition has been rejected with a direction to the Manager to reinstate the Headmaster. 4. Learned counsel for the petitioner submits that while the revision petition was pending, the District Educational Officer has conducted an enquiry and nothing is mentioned in Ext.P11 about the result of the enquiry. It is also submitted that the Assistant Educational Officer, pursuant to the issuance of Ext.P11, allowed the 4th respondent to join duty and Ext.P14 is relied upon in that context. Learned Government Pleader submitted that the order Ext.P11 is passed after considering various aspects. 5. I am not going into the merits of the matter at this stage since the revision petition itself is pending. Ext.P11 is only an interim order passed in a revision petition. It is not as if the Government at that stage should pass a detailed order as contended by the learned counsel for the petitioner. All the W.P.(C) No.30169/2011 3 contentions of the petitioner are open for consideration at the time when the revision petition is heard. In that view of the matter, as the order Ext.P11 is only an interim order passed in a revision petition, there is no scope for interference in this writ petition and hence this writ petition is dismissed. All the contentions of the parties are left open. T.R. RAMACHANDRAN NAIR JUDGE smp