IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 26TH MAY 2011 / 5TH JYAISHTA 1933 WP(C).No. 14252 of 2011(F) -------------------------------- PETITIONER: --------------- C.K.SHOBHANA, WIFE OF PRABHAKARAN, AGED 54 YEARS, KODIYERI, PARAL POST, THALASSERY, KANNUR DISTRICT-670671. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENTS: ------------------ 1. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM-682014. 2. THE DEPUTY DIRECTOR OF EDUCATION, KANNUR, KANNUR DISTRICT-670002. 3. THE ASSISTANT EDUCATIONAL OFFICER, TALIPARAMBA SOUTH, P.O.TALIPARAMBA, KANNUR DISTRICT-670141. BY SMT.RANI DIOTHIMA, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.14252 OF 2011 --------------------------------------- Dated this the 26th day of May, 2011. J U D G M E N T The petitioner is the purchaser of a school namely, Pattuvam U P School and its properties as per the registered sale deed Ext.P1. An application has been submitted before the Director of Public Instruction for getting sanction for change of management involving change of ownership under Rule 5A Chapter III of Kerala Education Rules as per Ext.P2. 2. It is pointed out that the Assistant Educational Officer recommended the application but the Deputy Director of Education returned the same by saying that no prior permission was sought from the Director of Public Instruction before purchasing the school and its properties. The said communications have been produced as Exts.P3 and P4. Challenging the same, the petitioner filed an appeal before the Director of Public Instruction as per Ext.P5. Ext.P6 is a judgment of this Court relied upon by the petitioner to show that no W.P.(C) No.14252/2011 2 previous permission is required in the matter. Therefore, there will be a direction to the Director of Public Instruction to take a decision on Ext.P5, after hearing the petitioner, within a period of two months from the date of receipt of a copy of this judgment. The petitioner will forward a copy of the writ petition along with a copy of this judgment for compliance. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp