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2001 Supreme(Ker) 219

R.BHASKARAN
Gopinathan – Appellant
Versus
State of Kerala – Respondent


Judgment :-

R. Bhaskaran, J.

Petitioner is the Manager of Hemambika Junior Basic School, Palakkad. He sent Ext. P1 notice under S.7(6) of the Kerala Education Act proposing to close down his school with effect from the next academic year. The Director of Public Instruction by Ext. P3 communication dated 20.5.2000 informed the petitioner that the notice to close down the school is rejected. According to the petitioner, there is no provision in the Kerala Education Act and Rules to reject the notice under S.7(6) and to compel the Manager to continue the school after one year of the issue of notice. Since the petitioner apprehended that the educational authorities may break open the gate and re-start the school after the period of notice, he filed O.S. No. 473 of 2000 before the Munsiffs Court, Palakkad, for necessary reliefs. After the filing of the suit, the second respondent passed Exts. P4 and P5 orders appointing the Deputy Director of Education, Palakkad, as Ex-officio Manager of the school and also taking over the management for a period of five years. The petitioner challenges Ext. P4 rejection of the notice issued by the petitioner and also the orders by which the management o





















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