PARENT TEACHER ASSOCIATION Vs. STATE OF KERALA

JUDGEMENT

(1.) HEARD Mr. Govindh K. Bharathan, Mr. P. Ramakrishnan and the learned Government Pleader.

(2.) WRIT Appeal No. 325 of 1994 was filed by the Vice President of the Parent Teachers Association, V. V. P. High School, Palakkad against the judgment in O. P. No. 3772 of 1989 dated 7. 6. 1993, which was filed by the additional 5th respondent R. Janaki Ammal, who was the Manager of the School.

(3.) EXT. P1 is the notice dated 24. 5. 1988 issued under S. 7 (6) of the Act and R. 24 (2) of Chap. 5 of the K. E. R. Petitioner gave the said notice expressing her intention to close down the school for the reasons stated in EXT. P1. In the last paragraph of EXT. P1 it is stated thus: " In the aforesaid circumstances and due to the bad condition of the school buildings in general and the default in payment of grant in due time and inadequacy of the grant and the rent and the insufficiency of the class rooms according to rules and dangerous condition of the buildings, I am unable to continue to run the school and I request that I may be given permission to close down the school with effect from beginning of the academic year 1989-90 and end of academic year 1988-89". EXT. P4 is the notification dated 28th March 1989 issued by the Government which reads as follows: " SRO No. 509/89.- Whereas the Manger and Correspondent of the V. V. P. High School, Palghat Educational District in the Palghat District has given notice to the Government signifying her intention to close down the said school; And whereas, the Government are satisfied that in the interest of pupils of the said school it is necessary to take over its management for a period of five years; Now, therefore, in exercise of the powers conferred by sub-s. (2) of S. 14 of the Kerala Education Act, 1958 (6 of 1959) read with sub-r. 5 of R. 1, Chap. 20 of the Kerala Education Rules, 1959, it is hereby notified that the entire management of the V. V. P. High School, Palghat Educational District in the Palghat District shall immediately be taken over by the Government of Kerala for a period of five years". EXT. P4 is sought to be quashed in this Original Petition under which the Government have proposed to take over the school.