BY AD v. JACOB P.ALEX

STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY, GENERAL EDUCATION DEPARTMENT FIRST FLOOR, NORTH BLOCK GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 DIRECTOR OF GENERAL EDUCATION (FORMERLY DIRECTOR OF PUBLIC INSTRUCTION) DIRECTORATE OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM, PIN - 695001 DEPUTY DIRECTOR OF EDUCATION PATHANAMTHITTA, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, THIRUVALLA, PIN - 689101 DISTRICT EDUCATIONAL OFFICER DISTRICT EDUCATION OFFICE, PATHANAMTHITTA, PIN - 689645 SUBASH KUMAR CG SUBASH BHAVAN, THANNITHODU, PATHANAMTHITTA, PIN - 689699 WP(C) NO. 2540 OF 2024 2 6 N RAMACHANDRAN PILLAI THENMAKKAL, ERATHUVADAKARA P.O., MANIMALA, KOTTAYAM, PIN – 686543 BY ADV. SRI.B.S.SYAMANTAK, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 2540 OF 2024 3 P.V.KUNHIKRISHNAN, J. ------------------------------ W.P.(C)No. 2540 of 2024 ---------------------------------------------- Dated this the 22nd day of January, 2024 JUDGMENT The above writ petition is filed with the following prayers: “i. Issue a writ in the nature of certiorari or any other writ, order or direction calling for the records leading to the issuance of Exhibit P6 and quash the same; ii. Issue a Writ in the nature of mandamus or any other writ, order or direction commanding respondents 1 to 4 approve the appointment of 2nd petitioner as Manager of V.K.N.M.V.H.S.S, Vayyattupuzha, Pathanamthitta under management of 1st petitioner; iii. Issue a Writ in the nature of mandamus or any other writ, order or direction commanding the 1st respondent to take appropriate decision on Exhibit P7 in accordance with law and in the light of Exhibits P8 to P12 within a time limit to be fixed by this Hon’ble court; iv. Direct respondents 1 to 4 to enable 2nd WP(C) NO. 2540 OF 2024 4 petitioner to smoothly discharge the functions as Manager of V.K.N.M.V.H.S.S, Vayyattupuzha, Pathanamthitta pending decision as sought in Relief No. iii; v. Direct the 1st respondent to afford an opportunity of hearing to Petitioners while taking the decision as sought in Relief No. iii; vi. To dispense with the filing of English translation of documents in the vernacular language. vii. Issue such other appropriate writ, order or direction that may be deemed just and equitable in the facts and circumstances of the case.”[SIC]

2. According to the petitioners, the 2nd respondent as per Ext.P6, rejected application seeking approval of appointment of 2nd petitioner as Manager of the School. Ext.P6 further ordered the 4th respondent / DEO to take over management of the School. It is the case of the petitioners that, Exts.P8 to P12 would show that none of the reasons stated in Ext.P6 is legally and factually correct. Challenging Ext.P6, Ext.P7 Revision Petition is filed before the 1st WP(C) NO. 2540 OF 2024 5 respondent in terms of Rule 4(4), Chapter III of KER. The grievance of the petitioners is that the same is not considered. Hence this Writ petition is filed.

3. Heard the learned counsel appearing for the petitioners and the learned Government Pleader. No notice is necessary to respondents 5 and 6 because of the way in which this Writ petition is going to be disposed of. If they are aggrieved by any of the directions issued by this Court, they are free to file a Review petition before this Court.

4. After hearing both sides, I think this Writ petition can be disposed of directing the 1st respondent to consider Ext.P7 within a time frame. Therefore, this Writ petition is disposed of in the following manner:

1. The 1st respondent is directed to consider and pass appropriate orders in Ext.P7 after giving an opportunity of hearing to the WP(C) NO. 2540 OF 2024 6 petitioners and respondents 5 and 6, as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a stamped certified copy of this judgment.

2. The 1st respondent will consider the second prayer in Ext.P7, within a period of two weeks from the date of receipt of a stamped certified copy of this judgment.

3. While deciding the matter, the 1st respondent will consider the applicability of Ext.P8 to P12 also.

4. Petitioner will produce a certified copy of this judgment along with a copy of this Writ petition with exhibits before the 1st respondent for compliance. Sd/- DM P.V.KUNHIKRISHNAN JUDGE WP(C) NO. 2540 OF 2024 7 APPENDIX OF WP(C) 2540/2024 PETITIONER EXHIBITS EXHIBIT P1 EXHIBIT P2 EXHIBIT P3 EXHIBIT P4 EXHIBIT P5 EXHIBIT P6 EXHIBIT P6(A) EXHIBIT P7 TRUE COPY OF THE BYE-LAW OF THE K.V.M.S EDUCATIONAL SOCIETY APPROVED BY 3RD RESPONDENT BY ORDER DATED 27- 10-2021 TRUE COPY OF THE STATEMENT OF TRANSFER OF MANAGER SHIP APPROVED BY 3RD RESPONDENT BY ORDER DATED 10.04.2013 TRUE COPY OF THE JUDGMENT DATED 08- 11-2022 IN WPC NO. 29739 OF 2021 OF THIS HON'BLE COURT TRUE COPY OF THE ORDER BEARING NO. B3/6756/2022 DATED 16-12-2022 ISSUED BY THE 4TH RESPONDENT TRUE COPY OF THE JUDGMENT DATED 25- 05-2023 IN WPC 16751 OF 2023 OF THIS HON'BLE COURT TRUE COPY OF THE ORDER BEARING NO. DGE / 14676 / 2021 ET-3 DATED 16-12- 2023 ISSUED BY THE 2ND RESPONDENT TRUE COPY OF THE COVERING LETTER DATED 30-12-2023 ISSUED FROM THE OFFICE OF 4TH RESPONDENT TO TEACHER IN CHARGE OF VKNMVHSS TRUE COPY OF THE REVISION PETITION DATED 05-01-2024 FILED BY 2ND PETITIONER BEFORE THE 1ST RESPONDENT (WITHOUT ANNEXURES), ALONG WITH RECEIPT EXHIBIT P8 TRUE COPY OF THE ELECTION WP(C) NO. 2540 OF 2024 8 EXHIBIT P9 EXHIBIT P10 EXHIBIT P10(A) EXHIBIT P10(B) EXHIBIT P11 EXHIBIT P12 NOTIFICATION DATED 05-09-2022 ISSUED BY THE RETURNING OFFICER OF KVMS TRUE COPY OF THE ORDER DATED 07-02- 2023 IN IA NO. 1 OF 2023 IN RSA NO. 653 OF 2022 TRUE COPY OF THE ELECTION RESULTS / DECLARATION STATEMENT ISSUED BY THE RETURNING OFFICER OF KVMS DIRECTOR BOARD ELECTION - 2023 TRUE COPY OF THE RELEVANT PAGES OF KVMS MINUTES BOOK THAT RECORDS THE MINUTES OF THE KVMS DIRECTOR BOARD MEETING ON 05-03-2023 TRUE COPY OF THE RELEVANT PAGES OF KVMS MINUTES BOOK THAT RECORDS THE MINUTES OF THE KVMS DIRECTOR BOARD MEETING ON 19-03-2023 TRUE COPY OF THE ORDER DATED 21-12- 2023 IN IA NO. 1 OF 2023 IN OS NO. 142 OF 2023 TRUE COPY OF THE ORDER DATED 21-12- 2023 IN IA NO. 2 OF 2023 IN OS NO. 139 OF 2023 RESPONDENTS EXHIBITS : NIL //TRUE COPY// PA TO JUDGE