IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 WA.No. 2158 of 2008() --------------------- AGAINST THE JUDGEMENT IN WPC.3778/2004 Dated 06/06/2008 .................... APPELLANT(S): APPELLANT/1TH RESPONDENT IN THE WP ------------------------------------------------ CELINE K.JOHN,W/O. LUKOSE, ANDOOR P.O., NEENDOOR P.O. KOTTAYAM. BY ADV. SRI.ELVIN PETER P.J. RESPONDENT(S): PETITIONER & RESPONDENTS 1 TO 3 IN THE WP. --------------------------------------------------------- 1. THE CORPORATE EDUCATIONAL AGENCY OF SCHOOLS, CATHOLIC BISHOP'S HOUSE, P.B.NO.71, KOTTAYAM, REPRESENTED BY ITS SECRETARY. 2. THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION (H) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 4. THE ASSISTANT EDUCATIONAL OFFICER, ETTUMANOOR. BY SR. GOVT. PLEADER SHRI BENNY GERVACIS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 10/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & THOMAS P. JOSEPH, JJ. -------------------------------------- W.A.No.2158 of 2008 -------------------------------------- Dated this the 10th day of November, 2008. JUDGMENT Koshy, J. Revision petition filed by the first respondent/petitioner was allowed as per Ext.P2 order by the Director of Public Instructions. Later it was suo motu revised by the Government as per Ext.P6 order. Contention of the appellant/fourth respondent is that neither the appellant (the affected party) nor the manager (petitioner) was heard while reversing the statutory revisional order passed by the revisional authority. We are of the opinion that substantial civil rights of the parties are affected. In the above circumstances, the affected parties should be heard before reversing a statutory revisional order. Hence we set aside Ext.P6 order and direct the Government to pass fresh orders after hearing the petitioner (first respondent herein) as well as the affected teacher (appellant herein), untrammelled by any of the observations made by the learned Single Judge. We are not expressing any opinion on the merits of the matter. In view of the WA No.2158/2008 2 circumstances, we direct that the matter should be heard and fresh orders should be communicated to the parties within a period of three weeks from the date of receipt of a copy of this judgment. Writ Appeal is disposed of as above. J.B.KOSHY, JUDGE. THOMAS P.JOSEPH, JUDGE. cks