LAWS(KER)-2019-12-251

P.MURALIDHARAN Vs. STATE OF KERALA

Decided On December 03, 2019
P.Muralidharan Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking to quash Ext.P12 order passed by the Additional Director of General Education dated 20.8.2019, whereby transfer of management sought for by the petitioner was declined on the ground that prior sanction was not secured for transfer of the management. Brief material facts for the disposal of the writ petition are as follows;

(2.) According to the petitioner, petitioner reached an agreement with the Manager of the Kodumon High School for transferring the management, landed property and building in his favour. The erstwhile manager therefore submitted Ext.P2 application for obtaining prior permission from the 2 nd respondent. It is also submitted that, all necessary documents which are necessary for the transfer of management involving change in ownership are also produced. However, there was delay in issuing orders on Ext.P2 application and the prior Manager had to leave for Dubai to join for employment and thereupon, she executed Ext.P6 sale deed in favour of the petitioner. Thereafter Ext.P7 proceedings were submitted before the 2nd respondent ratifying the transfer. Case of the petitioner is that, the Senior Law Officer and the Additional Director of Public Instructions have opined and recommended that the transfer can be approved. In the meantime the Government gave an oral direction to keep the file pending. It was thereupon that the file is kept pending without taking into account any action.

(3.) Anyhow later the Additional Director of Public Instruction recommended not to approve the transfer and 2nd respondent i.e., the Director of General Education has decided to reject the application. It is also submitted that, rejection of the application is against the mandate of Rule 5A Chapter III KER. These are the basic background facts projected by the petitioner for securing the relief as specified above.