The writ petitioner is the son of late K.P.Moideen Kutty. Late K.P.Moideen Kutty was the owner and Manager of A.M.U.P.School, Vadakkangara in Malappuram District. The above school is an aided school. 2. Ext.P1 is the legal heir certificate of late K.P.Moideen Kutty. The fifth respondent, one of the legal heirs of late K.P.Moideen Kutty and appears to be the present Manager of the School. Ext.P5 is the order passed by the Government directing the Manager to prepare a fresh bye-law for his School in consultation with the other members of the Educational Agency. It appears that a review was filed against Ext.P5 order before the Government. To ascertain the status of the review petition, this Court on 12.6.2014 adjourned the matter.
3. The learned Government Pleader would submit that she is unable to get any instruction as to the outcome of the review. On the other hand, the learned counsel appearing for the petitioner would submit that no such review is maintainable under the relevant provisions.
W.P.(C) No.14580 of 2013 2
4. Having considered the fact that Ext.P5 is an order passed by the Government directing the Manager to prepare a bye-law, the Manager is bound to prepare the bye-law in terms of the directions in Ext.P5 unless the operation of Ext.P5 order is interdicted by an order passed by the Competent Authority. That being so, the only prayer that can be allowed in this writ petition is to direct the fifth respondent-Manager to implement Ext.P5 order in a time bound manner and on his failure, the third respondent-Deputy Director of Education to take steps to formulate the bye-law to implement Ext.P5 order passed by the Government. Accordingly, this writ petition is allowed with the following directions:
i. There shall be a direction to the 5th respondent to formulate the bye-law in terms of Ext.P5 within a period of six weeks from the date of receipt of a copy of this judgment.
ii. In the event of failure by the Manager to formulate the bye-law within the time mentioned as above, the third respondent- Deputy Director of Education shall formulate the bye-law after consulting the members of W.P.(C) No.14580 of 2013 3 the Educational Agency in terms of the direction in Ext.P5 within a further period of two months thereafter.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE ln