Beena vs State Of Kerala

P.V.Kunhikrishnan, J

This writ petition is filed with the following prayers:-

“i) Issue a writ of certiorari or any other appropriate writ, order or direction, quashing Ext.P5 order dated 18.03.2020 issued by the 2nd respondent and Ext P6 consequential order dated 28.12.2020 issued by the 3rd respondent.

ii) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the 3rd respondent to function as Manager of Kottappally L P School till the bylaw of the Corporate educational agency of the school is framed and approved by the educational authority.

iii) Issue such other writ, orders or directions as this Hon’ble Court may deem fit to grant.

iv) It is also prayed that this Hon'ble Court may be pleased to dispense with the production of translation of vernacular documents produced in the writ petition. ” (SIC)

The main grievance of the petitioners is that Ext.P5 order is passed without giving an opportunity of hearing to the petitioners.

The learned Government Pleader, after getting instructions, submitted that Ext.P5 is an order without giving an opportunity of hearing to the petitioners.

The counsel appearing for the 4th and 5th respondents submitted that Ext.P5 is an order passed on 18.03.2020 and their client already assumed charge from 18.03.2020. In such circumstances, the Management of the school need not be interfered at this stage.

When this writ petition came up consideration on 07.06.2023, this Court passed the following order:-

“Issue notice before admission by special messenger to respondents 4 and 5.

The learned Government Pleader to get instructions.

The 4th respondent shall not make any regular appointment in the School, if not made as on today (07-06-2023), till the next posting date.

Post on 12-06-2023.”

Now, the petitioners can be allowed to file an appeal before the 1st respondent against Ext.P5 and till then, the interim order passed on 07.06.2023 can continue. The counsel appearing for the 4th and 5th respondents submitted that there is immediate necessity to appoint teachers.

In such circumstances, I think there can be a time limit fixed for disposing the appeal. Therefore, this writ petition is disposed of with the following directions:-

I) The petitioners is allowed to submit an appeal before the 1st respondent against Ext.P5 within ten days from the date of receipt of a certified copy of this judgment.

II) Once the appeal along with a certified copy of this judgment with a copy of this writ petition is received, the 1st respondent will consider the same and pass appropriate orders in it, after giving an opportunity of hearing to the petitioners and respondent Nos.4 and 5, as expeditiously as possible, at any rate, within six weeks from the date of receipt of a certified copy of this judgment.

III) Since this Court directing the petitioners to file an appeal, the delay in filing the appeal need not be insisted by the 1st respondent while entertaining the appeal.

IV) If the appeal is filed as directed above, the 4th respondent shall not make regular appointments in this school till the disposal of the appeal.

V) All the contentions of the petitioners and respondent Nos.4 and 5 are left open and I also make it clear that, I have not considered the matter on merit and the 1st respondent is free to pass appropriate orders, in accordance with law.