REV FR ANTONY NIRAPPAL Vs. STATE OF KERALA

JUDGEMENT

(1.) These two petitions are for stay of operation of the judgments in the above Original Petitions and consequent penal actions by the respondents under Chapter V of the Kerala Education Rules against the schools involved in the Original Petitions for a period of three months. These applications are filed under Rule 150 of the Rules of the High Court of Kerala.

(2.) The writ petitions were filed for a declaration that Ext. P-1 notification amending Rule 6 of Chapter V of the Kerala Education Rules, compelling the applicants to agree to appoint in the schools protected teachers retrenched from other Aided schools, to entitle them to get sanction to open new schools or to upgrade existing schools is violative of Article 30 (1) of the Constitution, and for other reliefs. By a common judgment dated 11-7-1980, a Division Bench of this Court consisting of Poti J., and one of us declined to exercise its jurisdiction in the matter under Article 226 of the Constitution and dismissed the Original Petitions. The other questions raised in the petitions were not gone into.

(3.) After the judgment was pronounced, the petitioners' counsel made an oral application to give certificate for appeal to the Supreme Court. The request was declined. It is thereafter that the present petitions have been filed.