IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 29TH JANUARY 2010 / 9TH MAGHA 1931 WP(C).No. 27566 of 2009(M) -------------------------- PETITIONER: --------------- P. MOHAMMED KOYA, PRESIDENT, PARENT TEACHER ASSOCIATION, GOVT. VOCATIONAL HIGHER SECONDARY SCHOOL, MATHIRAPPALLY, KOTHAMANGALAM, ERNAKULAM DISTRICT. BY MR.C.A.MAJEED, ADVOCATE MR.K.H.ASIF, ADVOCATE RESPONDENTS: ----------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT EDUCATIONAL OFFICER, D.E.O'S OFFICE, KOTHAMANGALAM, ERNAKULAM DISTRICT. 3. TEACHER-IN-CHARGE OF PRINCIPAL, GOVT. VOCATIONAL HIGHER SECONDARY SCHOOL, MATHIRAPPALLY, KOTHAMANGALAM, ERNAKULM DISTRICT. 4. KOTHAMANGALAM MUNICIPALITY, REPRESENTED BY SECRETARY, MUNICIPAL OFFICE, KOTHAMANGALAM. (*ADDL.R5 IS IMPLEADED) R5. C.P.S.BALAN, PRESIDENT, PARENT'S TEACHERS ASSOCIATION(P.T.A.) GOVT. VOCATIONAL HIGHER SECONDARY SCHOOL, MATHIRAPPILLY, KOTHAMANGALAM, ERNAKULAM DISTRICT. (* ADDL. R5 IMPLEADED AS PER ORDER DTD.26/11/2009 IN I.A.14675/09 IN W.P.(C).27566/2009) BY MR.ALEXANDER JOSEPH, ADVOCATE FOR R4 MR.K.S.ARUN KUMAR, ADVOCATE FOR ADDL.R5 SMT.M.N.MAYA, ADVOCATE FOR ADDL.R5 MR.PRABHU MATHEW, ADVOCATE FOR ADDL.R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No.27566/2009 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE RELEVANT PAGE OF THE G.O.No.126/2007/G.E.D. DATED 25.06.2007. EXT.P2: COPY OF THE MINUTES OF THE MEETING OF P.T.A. HELD ON 31.07.2009. EXT.P3: COPY OF THE MINUTES OF THE P.T.A. GENERAL BODY HELD ON 11.08.2009. EXT.P4: COPY OF THE MINUTES OF THE P.T.A. EXECUTIVE MEETING HELD ON 14.08.2009. EXT.P5: COPY OF THE MINUTES OF THE MEETING HELD ON 18.08.2009. EXT.P6: COPY OF THE LETTER DATED 16.09.2009 SUBMITTED TO THE 2ND RESPONDENT. EXT.P7: COPY OF THE ORDER DATED 29.09.2009 PASSED BYTHE 2ND RESPONDENT. EXT.P8: COPY OF THE NOTICE DATED 30.09.2009 ISSUED BY 3RD RESPONDENT. EXT.P9: COPY OF THE COMPLAINT DATED 26.08.2009 SUBMITTED BY THE TEACHERS. EXT.P10: COPY OF THE COMPLAINT DATED 17.08.2009 SUBMITTED BY MR.C.P.S.BALAN TO THE 2ND RESPONDENT. TRUE COPY P.A.TO JUDGE S.SIRI JAGAN,J ========================= W.P.(C).No.27566 of 2009 ========================== Dated this the 29th day of January, 2010 JUDGMENT The issue involved in this writ petition is as to whether the order of the second respondent cancelling the election to the Parent-Teacher Association of the Government Vocational Higher Secondary School, Mathirappilly, is sustainable. One of the contentions raised by the petitioner, who is the elected president of the P.T.A., is that the election of the present office bearers, which according to him was conducted strictly in accordance with the Government Order on the subject has been set aside by the second respondent without even hearing the petitioner or the other elected members. Now, all parties agree before me that the writ petition can be disposed with a direction to the second respondent to consider the matter afresh after hearing all the parties. In view of the agreement reached, Ext.P7 order is quashed. The second respondent is directed to reconsider the issue after hearing the elected office bearers including the petitioner, the 5th respondent and the 3rd respondent – teacher-in-charge of the school. All the parties W.P.(C).No.27566/2009 2 shall appear before the D.E.O on 17.02.2010, on which date the D.E.O shall, if it is convenient to him on that day, hear the parties. If that date is not convenient to him he shall fix another date in the presence of all the parties within another week and hear the parties. Orders shall be passed within one week thereafter. I make it clear that I have not considered any of the contentions of any of the parties on merits and it is for the second respondent to decide every issue involved in accordance with law. Till then, the present office bearers can continue. The writ petition is disposed of as above. S.SIRI JAGAN, JUDGE dvs