Balakrishnan Nair, J.

The point that arises for decision in this case, is the applicability of the principle 'he who decides must hear/he who hears must decide' to Governmental decisions. This Writ Appeal was referred to the Full Bench by the Division Bench entertaining the doubt, whether the decision of the Division Bench of this Court in K.P.Subair Haji v. Secretary to Government, 2007 (4) K.H.C. 62, lays down the correct position, in the light of the decision of the Apex Court in A.Sanjeevi v. State of Madras, AIR 1970 SC 1102, which was quoted with approval in Samsher Singh v. State of Punjab, AIR 1974 SC 2192.

2. Before considering the above legal question, we will presently refer to the skeletal facts of the case. The subject matter of the case is concerning the right to manage an Aided Upper Primary School. The appellant was the fourth respondent in the Writ Petition filed by the first respondent herein. The Writ Petition was filed, challenging Ext.P8 order of the Government dated 30.8.2008 in favour of the appellant. S.V.A.U.P.School, Chelambra was owned and managed by one Mr.Appukutty. He died in 1987. He had two children, namely, Mr.Balakrishnan and Mr.Subraman