Disposed

The Manager, Darussalam L.P.School v. the State of Kerala and Others

Kerala HC15 May 2009WP(C)/13384/2009

Case brief

AI extract

What is this about?

The Court disposed of a writ petition filed by the Manager of an aided school against an order of suspension and subsequent revision filed by the Headmistress. The Court directed the State to consider the revision and pass appropriate orders within six weeks after hearing both parties.

What did the court decide?

The 1st respondent (State) was directed to consider and pass orders on Exhibit-P13 within six weeks after hearing the petitioner and the 5th respondent.

The Manager, Darussalam L.P.School Vs the State of… — Service and Employment | Kerala HC (2009)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE V.GIRI

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FRIDAY, THE 15TH MAY 2009 / 25TH VAISAKHA 1931

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WP(C).No. 13384 of 2009(P) --------------------------

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PETITIONER:

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THE MANAGER, DARUSSALAM L.P.SCHOOL, THRIKKAKARA, KOCHI - 21.

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BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA

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RESPONDENTS:

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THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM.

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THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM - 14.

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THE DEPUTY DIRECTOR OF EDUCATION, KAKKANAD, ERNAKULAM - 30.

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THE ASSISTANT EDUCATIONAL OFFICER, ALUVA, ERNAKULAM DISTRICT.

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SMT.A.M.RAMLATH, HEADMISTRESS (UNDER SUSPENSION), DARUSSSALAM L.P.SCHOOL, THRIKKAKARA, (RESIDING AT THEJUS, SHOBA THEATRE ROAD, TOLL JUNCTION, P.O.EDAPPALLY, KOCHI - 24).

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BY GOVT.PLEADER SMT. SMITHA ADV. SRI.K.JAJU BABU FOR R5

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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V.GIRI,J.

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W.P ( C) No. 13384 of 2009

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Dated this the 15^th May,2009

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J U D G M E N T

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Petitioner is the Manager of an Aided School. Pursuant to Exhibit-P1 complaint filed by the Headmistress of a nearby Government School, an enquiry was conducted against the conduct of the 5^th respondent, who is the Headmistress of the petitioner's school. Originally the 5^th respondent was placed under suspension. Later, the order of suspension has been revoked, as evidenced by Exhibit-P12. This has been challenged by the petitioner in Exhibit-P13 revision before the Government. This writ petition has been filed praying for a direction to consider Exhibit P13 and for other appropriate reliefs.

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A counter affidavit has been filed by the 5^th respondent. Reference is inter alia made to Exhibit R5(e) order passed by the Deputy Director (Education) under Rule 67 (8) of Chapter XIV-A, KER ordering that the 5^th

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W.P ( C) No. 13384 of 2009

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respondent should be deemed to have been on duty from 8.4.2009.

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The validity of the order revoking suspension is pending consideration before the Government. It is only appropriate that the Government takes a decision in the matter.

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In the result, after hearing counsel on both sides, the writ petition is disposed of directing the 1^st respondent to consider and pass orders on Exhibit-P13 within a period of six weeks from the date of receipt of a copy of this judgment. This shall be done after hearing the petitioner as also the 5^th respondent.

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(V.GIRI,JUDGE)

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W.P ( C) No. 13384 of 2009

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W.P ( C) No. 13384 of 2009

(V.GIRI,JUDGE)

W.P ( C) No. 13384 of 2009

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W.P ( C) No. 13384 of 2009

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The Manager, Darussalam L.P.School v. the State of Kerala and Others

Case brief

What is this about?

What did the court decide?

The Manager, Darussalam L.P.School v. the State of Kerala and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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