VIJU E B Vs. DIRECTOR OF PUBLIC INSTRUCTIONS

JUDGEMENT

(1.) THE petitioner is working as Teacher-in-charge of Haji K.H.Khan Memorial Kadukkamala Lower Primary School, Ponkunnam, which is stated to be an uneconomic school. During the Academic year 2009-2010, there was no student in the 1st standard. However, during 2010- 2011, one student was admitted in Standard 1. Pointing out this, the Assistant Educational Officer issued Ext.P1 dated 9.9.2010 to the petitioner stating that clarification was sought from the Director of Public Instruction as to the propriety of admission of one student during 2010-2011 without there being any student in the 1st Standard in the previous year. In Ext.P1, it was also mentioned that the petitioner and the other teachers would be entitled to draw salary only up to 14th July, 2010. Ext.P2 communication was issued to the Manager containing similar statements as in Ext.P1. THE petitioner submitted Ext.P5 representation dated 30.10.2010 to the Director of Public Instruction wherein, the petitioner stated all the facts and circumstances and pointed out that the school should be retained as such, though the number of students are less. It is also prayed in Ext.P5 that salary and allowances legally due to the petitioner may be disbursed. Curiosity enough, there is also a prayer in Ext.P5 to cancel the order issued permitting one teacher to undergo a certificate course in English Language at Bangalore for the period from 2.11.2010 to 1.12.2010, probably because that teacher was treated as on duty for that period. Ext.P5 is pending disposal before the Director of Public Instruction.

(2.) THE only relief sought for by the petitioner is that the Director of Public Instruction may be directed to dispose of Ext.P5 as expeditiously as possible. It is submitted that a very urgent disposal of Ext.P5 is required, since the petitioner and the other teachers are not getting salary in view of the direction in Ext.P1. In the facts and circumstances of the case, the Writ Petition is disposed of as follows: