The Manager vs The State of Kerala, The Director of Public Instruction and The District Educational Officer

T.R. Ramachandran Nair, J.—The Manager of an aided school is the Petitioner herein. The main prayer in the writ petition is to take a decision on Ext.P6 after affording an opportunity of being heard to the Petitioner.

Ext.P1 staff fixation order sanctioned 16 divisions in High School section and 12 divisions in Upper Primary section. The District Educational Officer informed that 19 students who left the school with the transfer certificates after the 6th working day and 42 private study students who were admitted in Std.V based on the eligibility test have to be removed. This communication is produced as Ext.P2. Thereafter, the Director of Public Instruction issued a direction to the District Educational Officer to revise the staff fixation order.

The Petitioner has filed a revision petition before the Government as per Ext.P6. Thereafter, the District Educational Officer as per Exts.P7 and P8 has issued hearing notices for implementing Ext.P3. The Petitioner has also filed a stay petition along with revision petition. There will be a direction to the Government to take a decision on the stay petition, within a period of six weeks. The revision petition will be disposed of after hearing the Petitioner within a period of five months from the date of receipt of a copy of this judgment. Till orders are passed in the stay petition, further action pursuant to Exts.P3, P7 and P8 will be kept in abeyance. The writ petition is disposed of as above. No costs.