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1986 Supreme(Ker) 3

M.P.MENON
SUBRAMANIAN – Appellant
Versus
STATE OF KERALA – Respondent


Judgment :-

1. The Bazar U.P. School, Thathamangalam is an aided school, and the petitioner is its manager. The institution was started in the year 1907 by his grandfather. He himself became manager in 1945, By about 1984 the petitioner found that because of old age and financial troubles in the family, he was no longer in a position "to run the school effectively". On 4-5-84, therefore, he save Ext.P1 notice of his intention to close it down from 1-6-85, as required by S.7(6) of the Kerala Education Act. For a long time there was no response either from the Government or from the Educational authorities, despite reminders. On 30-5-85 the Dy. Director of Education. Palghat requested the petitioner, as per Ext. P5 communication, to "set aside the proceedings of closure action", till permission from the competent authority was received. On the same date, the Director of Public Instruction also passed Ext. P6 order in the following terms:

"In the Notice read above, the Manager, Bazar U.P. School, Thathamangalam has requested permission of the Director of Public Instruction to close down the said school from 1-6-1985. The reason adduced for is financial troubles. The request made by th



























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