IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 25TH MARCH 2009 / 4TH CHAITHRA 1931 WP(C).No. 8262 of 2009(C) --------------------------------------- PETITIONER(S): ------------------------ DR. KUNH AHAMMED KUTTY, PRESIDENT, ASSOCIATION FOR WELFARE OF THE HANDICAPPED, P.B. NO. 830, 17/1070, TALUK OFFICE ROAD, PUTHIYARA, CALICUT - 673 004. BY ADV. MR.K.M.SATHYANATHA MENON RESPONDENT(S): --------------------------- 1. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 2. THE DISTRICT EDUCATION OFFICER, KOZHIKODE DISTRICT, KOZHIKODE. BY SR. GOVERNMENT PLEADER MR.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.Ravindran, J. ================== W.P.(C) No.8262 of 2009 ===================== Dated this the 25th day of March, 2009. JUDGMENT Heard Sri. K.M.Sathyanatha Menon, the learned counsel appearing for the petitioner and Sri. A.J.Varghese, the learned Government Pleader appearing for the respondents. 2. The petitioner is the President of the Association for Welfare of the Handicapped, a society registered under the Societies Registration Act, 1860. The said association is running 34 educational institutions in various districts. The Executive Committee of the society that met on 22.7.2003, resolved to remove the then Secretary and appoint another person in his place as Secretary, who is also ex-officio Manager of the Rahmania School for Handicapped, Calicut. Similarly in the meeting held on 27.11.2007 the Executive Committee decided to change the Manager and Correspondent of the School for the Deaf at Parappanangadi. After such resolutions were passed, the petitioner as the President of the society, moved the Director of Public Instruction in Ext.P1 representation seeking approval of the change of management. While the said request was pending before the Director of Public Instruction, the District WP(C) 8262/09 -: 2 :- Educational Officer, Kozhikode passed Ext.P2 order dated 10.1.2008 declining to approve the change of management in respect of Rahmania School for Handicapped. The petitioner thereupon filed an appeal before the Director of Public Instruction. The Director of Public Instruction conducted a hearing on 11.7.2008, as can be seen from Ext.P5 hearing notice. The grievance voided by the petitioner in this Writ Petition is that though the appeal from Ext.P2 and the request made in Ext.P1 were considered at the hearing held on 11.7.2008, till date orders have not been passed in the matter. 3. When this Writ Petition came up for admission on 16.3.2009, the learned Government Pleader was requested to get instructions from the Director of Public Instruction as to whether orders have been passed after the hearing held on 11.7.2008. When this Writ Petition came up for hearing today, the learned Government Pleader submitted that though instructions were sought they have not been received. 4. Ext.P5 discloses that the Director of Public Instruction had conducted a personal hearing on 11.7.2008. The petitioner's grievance is that till date orders have not been passed pursuant to the hearing held on 11.7.2008. In these circumstances, I dispose of this Writ Petition with a direction to the Director of Public Instruction to hear the petitioner afresh after notice to him and others referred to in Ext.P5 notice and pass final orders in the matter within three months from the date on which the petitioner produces a certified copy of this judgment. If orders WP(C) 8262/09 -: 3 :- have already been passed pursuant to the hearing held on 11.7.2008, the Director of Public Instruction need not hear the parties again, but shall communicate a copy of the same to the parties immediately. P.N.Ravindran, Judge. ess 27/3