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A.BHARGAVI, W/O.C.V.NANU versus THE ASSISTANT EDUCATIONAL OFFICER

High Court of Kerala

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A.BHARGAVI, W/O.C.V.NANU v. THE ASSISTANT EDUCATIONAL OFFICER - WP(C) No. 24925 of 2007(P) [2007] RD-KL 16043 (20 August 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 24925 of 2007(P)

1. A.BHARGAVI, W/O.C.V.NANU,
... Petitioner

2. A. SOUMINI,W/O. DAMODARAN, AGED 67 YEARS

3. A.VILASINI, W/O. KUMARAN, AGED 63 YEARS,

Vs

1. THE ASSISTANT EDUCATIONAL OFFICER
... Respondent

2. STATE OF KERALA REPRESENTED BY

3. A.PADMAVATHI,D/O.K.P.GOVINDAN, AGED 73 Y

4. A.RAJAN ALIAS PADMANABHAN

5. SHIJI V.P. W/O. SHANITH, AGED 34 YEARS,

6. THE DIRECTOR OF PUBLIC INSTRUCTIONS

For Petitioner :SRI.R.SURENDRAN

For Respondent : No Appearance

The Hon'ble MR. Justice A.K.BASHEER

Dated :20/08/2007

O R D E R

A.K. BASHEER, J.

W.P.(C). NO. 24925 OF 2007

Dated this the 20th day of August, 2007



J U D G M E N T

Petitioners contend that they are entitled to get the right of management of Sree Narayana Basic Upper Primary School at vadakkumpad in Thalassery. But in Ext.P8 order, the Assistant Educational Officer, Thalassery North, did not accept the above contention. The claim made by petitioner No.1 to appoint her as manager was rejected by the officer.

2. It is the admitted position that petitioner has preferred Ext.P9 appeal against Ext.P8 order before respondent No.6 along with Ext.P9(a) application for stay. I am of the view that petitioners have to necessarily exhaust the statutory remedy available to them. They have chosen to do so. The writ petition is disposed of with a direction to respondent No.6 to consider and pass orders on Ext.P9 appeal strictly on its merit and in accordance with law, as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment. Respondent No.6 shall ensure that petitioners and all WPC NO.24925/07 Page numbers other members of the educational agency are afforded sufficient opportunity to be heard before any decision is taken in the matter. It will be open to the petitioners to move Ext.P9(a) stay petition before the appellate authority for appropriate interim orders, if so advised, in which event the appellate authority shall take an appropriate decision in accordance with law. Petitioners shall produce a certified copy of this judgment along with a copy of the writ petition before respondent No.6 for compliance.

A.K. BASHEER, JUDGE

vps WPC NO.24925/07 Page numbers

A.K. BASHEER, JUDGE

OP NO.20954/00

JUDGMENT

1ST MARCH, 2007


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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