Disposed

The Manager, Amups v. State of Kerala

Kerala HC17 Feb 2009WP(C)/5177/2009

Case brief

AI extract

What is this about?

The Court disposed of the petitioner's Writ Petition by directing the Secretary to Government, General Education Department to consider and pass orders on the pending revision petition within three months, after providing the petitioner a reasonable opportunity of being heard.

What did the court decide?

Direction to the first respondent to consider and pass orders on the revision petition within three months after notice and hearing.

The Manager, Amups Vs State of Kerala — Education and Admissions | 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 P.N.RAVINDRAN

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TUESDAY, THE 17TH FEBRUARY 2009 / 28TH MAGHA 1930

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WP(C).No. 5177 of 2009(N) -----------------------------------

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PETITIONER(S): -------------------------

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MANAGER, AMUP SCHOOL, VETTATHOOR PO., VIA, MELATTUR, MALAPPURAM.

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BY ADVS. MR.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI MR.BRIJESH MOHAN MR.T.R.SADEESAN

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RESPONDENT(S):

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--------------------------

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1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT GOVT.SECRETARIAT, TRIVANDRUM.

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2. DIRECTOR OF PUBLIC INSTRUCTIONS, MALA PPURAM.

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BY GOVERNMENT PLEADER MR.A.J.VARGHESE

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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P.N.RAVINDRAN, J.

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====================================== W.P.(C)No.5177 of 2009

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====================================== Dated this the 17^th day of February 2009

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JUDGMENT

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The petitioner is the Manager of an aided school. The staff strength of the school for the academic year 2006-2007 was fixed by the Director of Public Instructions as per Ext.P1 order dated 12.11.2007 in exercise of the powers conferred on him under Rule 12E (3) of Chapter XXIII of the Kerala Education Rules. Aggrieved by the said order, the petitioner has filed Ext.P2 revision petition under Rule 12F of Chapter XXIII of the Kerala Education Rules before the Secretary to Government, General Education Department. In this Writ Petition, the petitioner inter alia prays for a direction to the Secretary to Government, General Education Department to consider and pass orders on Ext.P2 revision petition after affording him an opportunity of being heard.

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Ext.P1 staff fixation relates to the academic year 2006-2007. On account of various reasons, the staff fixation order was passed only on 12.11.2007. Rule 12F of Chapter XXIII of the Kerala Education Rules confers on the Manager, aggrieved by the staff fixation order, the right to file a revision petition before the Government. The petitioner has invoked that remedy. In view of the fact that the staff fixation order relates to the academic year 2006-2007, it is only desirable that the Government bestows

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W.P.(C)No.5177 of 2009 2

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attention to Ext.P2 revision petition and disposes of the same expeditiously. Ext.P2 discloses that it was submitted in November 2007 itself. In these circumstances, I dispose of the Writ Petition with a direction to the first respondent to consider and pass orders on Ext.P2 revision petition after notice to and affording the petitioner a reasonable opportunity of being heard. This shall be done within three months from the date on which the petitioner produces a certified copy of this judgment before the Secretary to Government, General Education Department.

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P.N.RAVINDRAN, JUDGE

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css/

The Manager, Amups v. State of Kerala

Case brief

What is this about?

What did the court decide?

The Manager, Amups v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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