The Manager, Abdul Khadar ... vs H.Jawahar
2021 Latest Caselaw 18118 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
              THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     FRIDAY, THE 3RD DAY OF SEPTEMBER 2021 / 12TH BHADRA, 1943
                            RP NO. 562 OF 2021
 AGAINST THE JUDGMENT IN WP(C) 9195/2021 OF HIGH COURT OF KERALA,
                                ERNAKULAM
REVIEW PETITIONER/ADDITIONAL 4TH RESPONDENT IN WP(C):

            THE MANAGER,
            ABDUL KHADAR MEMORIAL VOCATIONAL HIGHER SECONDARY
            SCHOOL, THADICADU P.O.,
            KOLLAM DISTRICT,
            PIN - 691306

            BY ADVS.
            M.V.THAMBAN
            THARA THAMBAN
            B.BIPIN
            ARUN BOSE



RESPONDENTS/PETITIONER AND RESPONDENTS 1 TO 3 IN WP(C):

     1      H.JAWAHAR
            AGED 60 YEARS
            S/O A.M.HANEEF, CHAIRMAN, AKMVHSS, THADICADU P.O.,
            RESIDING AT VARALAZHIKATHU VEEDU, THADICADU P.O.,
            KOLLAM DISTRICT, PIN - 695306
    2       THE DIRECTOR OF GENERAL EDUCATION,
            GENERAL EDUCATION DEPARTMENT, JAGATHY,
            THIRUVANANTHAPURAM, PIN - 695014

    3       THE DIRECTOR,
            VOCATIONAL HIGHER SECONDARY EDUCATION,
            THIRUVANANTHAPURAM, PIN - 695014

            THE DIRECTOR EDUCATIONAL OFFICER,
    4       PUNALUR, KOLLAM DISTRICT, PIN - 695306

            BY ADV.
            SRI.V.PREM CHAND
     THIS   REVIEW   PETITION    HAVING     COME   UP   FOR   ADMISSION   ON
03.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 RP NO. 562 OF 2021 in WP(C)No.9195/2021

                                           2


                                          O R D E R

This review petition is filed seeking a review of the

judgment dated 08.07.2021 in W.P.(C)No.9195/2021, on the

ground that the review petitioner who is the Manager of the

Abdul Khadar Memorial Vocational Higher Secondary School had

not been put on notice and heard before orders were passed.

2. Heard the learned counsel for the review petitioner,

learned counsel for the writ petitioner and also the learned

Government Pleader.

3. It is submitted by the learned counsel for the review

petitioner that the bye-laws and the provisions of the Kerala

Educational Act and Rules, do not provide that the Manager has

to get permission from the Managing Committee before making

appointments. It is further submitted that the representations

made by the petitioner in Exts.P5 and P6 are against the

provisions of the KER and that no orders are liable to be passed

by the Educational Authorities on such representations.

4. Having considered the contentions advanced by the

parties, I notice that the direction in the writ petition was

specifically to the respondents to consider the representations RP NO. 562 OF 2021 in WP(C)No.9195/2021

made by the petitioner with notice to the Manager and also the

other members of the Managing Committee.

5. The learned counsel for the review petitioner would

also contend that the tenure of the writ petitioner as the

Chairman of the Abdul Khadar Memorial Vocational Higher

Secondary School has already expired and he is no longer the

Chairman. I am of the opinion that these are aspects for the

review petitioner to raise before the Educational Authorities since

orders, are directed to be passed only after considering the

contentions of all parties concerned.

In the above view of the matter, I am of the opinion that

the review petition is unnecessary in the facts and circumstances

of the instant case and that the judgment does not require to be

reviewed and that the issue can be considered in accordance

with law. All aspects are left open to be considered by the

respondents.

Sd/-

ANU SIVARAMAN JUDGE VPK RP NO. 562 OF 2021 in WP(C)No.9195/2021

APPENDIX OF RP

PETITIONER EXHIBITS

ANNEXURE I TRUE COPY OF THE ORDER NO.B2/62/2021/K.DIS DATED 24.03.2021 OF THE DISTRICT EDUCATIONAL OFFICER, PUNALUR

ANNEXURE II TRUE COPY OF THE LAWYERS NOTICE DATED 22.04.2021 ISSUED ON BEHALF OF THE 1ST RESPONDENT HEREIN