IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
Friday, the 1st day of July 2022 / 10th Ashadha, 1944
WA NO. 804 OF 2022
AGAINST JUDGMENT DATED 30.05.2022 IN WP(C) 17534/2022 OF THIS COURT
APPELLANT/6TH RESPONDENT:
RANI KRISHNA K.B., W/O. PADMA GIRISH, RESIDING AT KRISHNANJANAM,
KUNNICODE P.O., KOLLAM DISTRICT - 691 508.
BY ADVS.M/S.DR.GEORGE ABRAHAM & JOSEPH GOPURAN
RESPONDENTS/PETITIONERS & RESPONDENTS 1 TO 5, 7 & 8:
1. GAUTAM KRISHNA , AGED 23 YEARS, S/O. LATE K.B. RADHAKRISHNAN,
RESIDING AT KRISHNAVILASAM BUNGALOW, VENDAR P.O., KOTTARAKKARA,
KOLLAM DISTRICT - 691 507.
2. DR. M.R. BINDU, RESIDING AT KRISHNAVILASAM BUNGALOW, VENDAR P.O.,
KOTTARAKKARA, KOLLAM DISTRICT - 691 507.
3. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY, GENERAL
EDUCATION (F) DEPARTMENT, GOVERNMENT SECRETARIAT ANNEX -II,
THIRUVANANTHAPURAM - 695 001.
4. THE DIRECTOR OF GENERAL EDUCATION, OFFICE OF THE DIRECTOR OF GENERAL
EDUCATION, JAGATHY, THYCAUD, THIRUVANANTHAPURAM - 695 014.
5. THE ADDITIONAL DIRECTOR OF GENERAL EDUCATION, OFFICE OF THE DIRECTOR
OF GENERAL EDUCATION, JAGATHY, THYCAUD, THIRUVANANTHAPURAM - 695
014.
6. THE DEPUTY DIRECTOR OF EDUCATION, GOVERNMENT BHSS CAMPUS, THEVALLY,
KOLLAM - 691 009.
7. DISTRICT EDUCATIONAL OFFICER, NEAR KOTTARAKKARA POLICE STATION,
KOTTARAKKARA - 691 506.
8. LEKSHMI KRISHNA K.B., AGED 35 YEARS, W/O. DR. A.R.SMITH KUMAR,
AREEKKAL KARAYIL PUTHEN VEEDU, VILANGARA, NELLIKKUNNAM P.O.,
KOTTARAKKARA, KOLLAM DISTRICT - 691 520.
9. DR. A.R. SMITH KUMAR, AGED 41 YEARS, S/O. P.RAMAKRISHNA PILLAI,
AREEKKAL PARAYIL PUTHEN VEEDU, VILANGARA, NELLIKKUNNAM P.O.,
KOTTARAKKARA, KOLLAM DISTRICT - 691 520.
BY ADV.SRI.ASHIK K.MOHAMMED ALI FOR R1 & R2
SENIOR GOVERNMENT PLEADER FOR R3 TO R7
ADV.SRI.JOBY D.JOSEPH FOR R8 & R9
This Writ Appeal coming on for orders along with connected case on
01/07/2022 upon perusing the appeal memorandum, the court on the same day
passed the following:
EXT.P2:TRUE COPY OF THE ORDER DATED 29/09/2015
ALONG WITH THE CONSTITUTION OF THE CORPORATE MANAGEMENT
OF THE SRI.VIDYADHIRAJA SCHOOLS.
ALEXANDER THOMAS & SHOBA ANNAMMA EAPEN, JJ.
=============================================
W.A. Nos. 804 & 805 of 2022
[arising out of the impugned common judgment dated 30.5.2022 in
WP(C). Nos. 17534/2022 & 13327/2021 respectively]
=============================================
Dated this the 1st day of July, 2022
ORDER
The case has been heard in extenso. In W.A.No.804/2022, notices before admission for contesting respondents 1 & 2 have been taken by Sri.Ashik K.Mohamed Ali, learned Advocate and for contesting respondents 8 & 9 have been taken by Sri.Joby D.Joseph, learned Advocate. Notices before admission for official respondents 3 to 7 therein have been taken by the learned Senior Government Pleader. Service complete. The Registry will show the names of abovesaid Advocates in the Cause List.
2. In W.A.No.805/2022, notices before admission for contesting respondents 1 & 2 have been taken by Sri.Joby D.Joseph, learned Advocate and for contesting respondents 7 & 8 have been taken by Sri.Ashik K.Mohamed Ali, learned Advocate. Notices before admission for official respondents 3 to 6 & 9 therein have been taken by the learned W.A. Nos. 804 & 805 of 2022 ..2..
Senior Government Pleader. Service complete. The Registry will show the names of abovesaid Advocates in the Cause List.
3. Dr.George Abraham, learned counsel appearing for the appellant in these cases would point out that Clause 5 of Chapter II of Ext.P-2 Scheme is most relevant in this case at this point of time, which reads as follows:
"5. In the event of death of a member of the Educational Agency the spouse will succeed until the eldest child of the said deceased member of the Educational Agency attains majority and in the event of more than one child, one of the children of the deceased member shall be a member of the Educational Agency based on the discretion of the spouse concerned which should be given in black and white or otherwise on such an event the children of the decased member shall nominate one among them to the Educational Agency after mutual bonded agreement in writing or on the basis of such condition as may be deemed as necessary."
4. From the submissions of both sides, it is apprised to us that going by the Scheme, after the death of Sri.G.Balakrishna Pillai, he was survived by his widow Smt.A.R.Meenakshi Amma, who is now aged about 83 years, two daughters viz, Smt.Rani Krishna & Smt.Lekshmi Krishna, and one son viz, Sri.K.B.Radhakrishnan. We are told that as per the Scheme, the first 2 years' term of being the formal Manager in the Managing Committee was for the son W.A. Nos. 804 & 805 of 2022 ..3..
Sri.K.B.Radhakrishnan, who was the Manager for the first turn for the period from 1.6.2016 up to 31.5.2018. Further that, the second turn of managership was allotted to Smt.Rani Krishna, for the 2 years' term from 1.6.2018 up to 31.5.2020. Still further that, the third turn for the 2 years' term from 1.6.2020 up to 31.5.2022 was otherwise due for the other daughter Smt.Lekshmi Krishna, and since she is a serving High School Assistant in the same School, she is having legal disability to part take in the management, and hence going by the Scheme, her husband Dr.A.R.Smith Kumar, was the Manager of the School for the period from 1.6.2020 up to 31.5.2022, based on a Power of Attorney executed by Smt.Lekshmi Krishna in favour of her husband Dr.A.R.Smith Kumar.
5. It is common ground that the aforesaid son, Sri.K.B.Radhakrishnan, has died on 14.8.2019, and his surviving legal representatives are his wife Dr.M.R.Bindu, and two sons, namely, Sri.Gautam Krishna, now aged 23 years and Sri.Hridik Krishna, now aged 21 years.
6. Going by the case set up by both sides, and more W.A. Nos. 804 & 805 of 2022 ..4..
particularly in the light of the afore Ext.P-2 Scheme, it appears that the present turn for managership of the School for the period from 1.6.2022 up to 31.5.2024 is for the family of Late K.B.Radhakrishnan, namely, his wife Dr.M.R.Bindu and two sons, aforesaid Sri.Gautam Krishna and Sri.Hridik Krishna.
7. We specifically queried to Dr.George Abraham, learned counsel appearing for the appellant in these cases, as to whether the turn of managership for the period from 1.6.2022 up to 31.5.2024 is for the aforesaid family of Late K.B.Radhakrishnan, namely, his wife Dr.M.R.Bindu and two sons, aforesaid Sri.Gautam Krishna and Sri.Hridik Krishna.
8. Dr.George Abraham, learned counsel appearing for the appellant has fairly submitted before us, that the turn is for the said family of Late K.B.Radhakrishnan, consisting of Dr.M.R.Bindu and two sons, and that according to the instructions he has secured from his party, Dr.M.R.Bindu wanted to be the Manager in the abovesaid turn and thus wanted to part take in the Management, for which there is a legal disqualification inasmuch as, she is a serving teaching faculty of the Kerala W.A. Nos. 804 & 805 of 2022 ..5..
Agricultural University, and therefore she is bound by the inhibitions and restrictions in the Kerala Government Servants' Conduct Rules as well as certain other provisions in the Kerala Education Rules. Therefore, she is not legally eligible to partake in the Management of the School, and so she cannot be the formal Manager of the School.
9. Thereupon, we specifically queried to Dr.George Abraham, learned counsel appearing for the appellant, as to whether his party has any objection in either of the two sons of Late K.B.Radhakrishnan becoming the Manager for abovesaid turn for the present period, and thus to part take in the Managing Committee.
10. Dr.George Abraham, learned counsel appearing for the appellant would submit on the basis of instructions that if there is no dispute between the family members of Late K.B.Radhakrishnan, then his party will not have any dispute in that regard, provided it is a choice on the basis of unanimity or majority of the family members of Late K.B.Radhakrishnan, as to which member of that family should W.A. Nos. 804 & 805 of 2022 ..6..
be the Manager and thus to partake in the Managing Committee, and if such process is completed, then all what is required is only the formality of the respondent Deputy Director of Education, Kollam, to approve the amendment of Ext.P-2 Scheme that the said person is part of the Corporate Educational Agency of the School.
11. Further, it is common ground between Dr.George Abraham, learned counsel appearing for the appellant as well as Sri.Ashik K.Mohamed Ali, learned Advocate appearing for the contesting respondents that the Managing Committee of the Corporate Educational Agency will consist of (i) Smt.Rani Krishna,
(ii) Smt.Lekshmi Krishna/her nominee as she is a serving employee,
(iii) a member from the family of Late K.B.Radhakrishnan chosen by that branch as above.
12. Sri.Ashik K.Mohamed Ali, learned Advocate appearing for the contesting respondents, namely, Dr.M.R.Bindu and Sri.Gautam Krishna, would submit on the basis of instructions, that since Dr.M.R.Bindu is a serving teaching faculty of the Kerala Agricultural University, the said family branch, consisting of Dr.M.R.Bindu, Sri.Gautam Krishna and Sri.Hridik Krishna, W.A. Nos. 804 & 805 of 2022 ..7..
have unanimously decided that Sri.Gautam Krishna will represent that family to be the Manager of the School, for the abovesaid turn, for the period from 1.6.2022 up to 31.5.2024.
13. Further, it is also pointed out by Sri.Ashik K.Mohamed Ali, learned Advocate, that Late K.B.Radhakrishnan was born in the wedlock of Late G.Balakrishna Pillai and his first wife Smt.T.L.Lalithamba, who is now very aged, and she being the mother of Late K.B.Radhakrishnan, is also one of the legal representatives of Late K.B.Radhakrishnan, and that such a legal representative is also having proprietary interest in the Management going by Clauses 1 & 1(a) of Chapter II of Ext.P-2 Scheme, and that Smt.T.L.Lalithamba, has also given her full consent that Sri.Gautam Krishna could be the Manager of the School for the present turn in question. Further that, sworn affidavits of Dr.M.R.Bindu, Sri.Hridik Krishna and Smt.T.L.Lalithamba will be produced immediately, stating that all those parties have unanimously chosen Sri.Gautam Krishna to be the Manager of the School for the present turn from 1.6.2022 up to 31.5.2024.
14. Further, the said parties are seriously disputing the W.A. Nos. 804 & 805 of 2022 ..8..
necessity for any formal approval of the amendment of the Scheme, as suggested by Dr.George Abraham, learned counsel appearing for the appellant in these cases, etc.
15. In the light of the submissions made by the parties, it can be seen that, even if we assume that there is any requirement for the formal amendment of the Scheme, for incorporating the name of the nominee of the family of Late K.B.Radhakrishnan, to part take in the Corporate Educational Agency, the School cannot be left in the lurch and there should be a Manager.
16. Further, the learned Senior Government Pleader has submitted that, in view of the present disputed issues, the statutory educational authorities are also facing difficulties about the present School, and that this Court may pass some orders to ensure that who should be the Adhoc Manager of the School, for the period from 1.6.2022 onwards, for the time being, as the said period has already commenced and the school year has also started in full swing.
17. There is no dispute for the appellant that, as of now, W.A. Nos. 804 & 805 of 2022 ..9..
the turn of mangership is due to the family of Late K.B.Radhakrishnan for the period from 1.6.2022 up to 31.5.2024. The only substantial dispute raised by the appellant is regarding the formality of choosing one eligible member of the said family, now consisting of 3 members, to be the Manager for the abovesaid new period. If at all there is a requirement of the formal amendment of the Scheme, by the Deputy Director of Education, regarding the formal inclusion of the name of the said person to be in the Corporate Educational Agency for the new period, that should not stand in the way of the School, in having a Manager or atleast an Adhoc Manager. The disputes appear to be in a very narrow compass as to, who should be the eligible representative of the family of Late K.B.Radhakrishnan, to be the Manager for the present term in question.
18. Sri.Ashik K.Mohamed Ali, learned Advocate appearing for the contesting respondents, would submit that the consent letters of Dr.M.R.Bindu, Sri.Hridik Krishna and Smt.T.L.Lalithamba have already been given on 28.4.2022 to the District Educational Officer, Kottarakkara. W.A. Nos. 804 & 805 of 2022 ..10..
19. A copy of said consent letter signed by Dr.M.R.Bindu, Sri.Hridik Krishna and Smt.T.L.Lalithamba has been produced in WP(C).No.17534/2022, which is available at pages 71 & 72 of the paper book of W.A.No.804/2022.
20. We specifically queried Dr.George Abraham, learned counsel appearing for the appellant as to whether his party has any claim that she is legally entitled to be the Manager of the School for the period from 1.6.2022 up to 31.5.2024.
21. Dr.George Abraham, learned counsel appearing for the appellant, would fairly submit on the basis of instructions, that his party has no such entitlement and that the said turn for the present term is for the family of Late K.B.Radhakrishnan, but subject to the formalities as above.
22. The statutory educational authorities and the official respondents have urged before us, through the learned Senior Government Pleader, that there should be some clarity as to who should be the Manager or atleast Adhoc Manager of the School for the time being, as otherwise, both sides will raise unnecessary disputes and litigation against the departmental authorities, W.A. Nos. 804 & 805 of 2022 ..11..
which the official respondents want to avoid at any cost.
23. The turn of the appellant had expired long ago, and the subsequent turn of Smt.Lekshmi Krishna has also expired on 31.5.2022, and she could continue as an Adhoc Manager for still further period of one month up to now. Further, we note that though Dr.George Abraham, learned counsel appearing for the appellant, has very fairly not raised any pleas regarding the young age of Sri.Gautam Krishna, we specifically queried as to the age of Sri.Gautam Krishna, as he has to be the formal Manager of the School. We are told that Sri.Gautam Krishna is now aged 23 years, and he has passed B.Tech Degree in Electronics Engineering from a reputed Engineering College in the State, namely, TKM College of Engineering, Kollam, and he has passed out with flying colours after having secured 80% of marks. Further, we also note that the formal Manager cannot take any unilateral policy decision, and that any decision of the Management has to be taken by the Managing Committee consisting of Smt.Rani Krishna, Smt.Lekshmi Krishna/her nominee and the representative of the member of the family of W.A. Nos. 804 & 805 of 2022 ..12..
Late K.B.Radhakrishnan. Further, we are making these observations only to ensure that our interlocutory exercise of discretion is in a reasonable, fair and wise manner. Having regard to these aspects, we are of the view that the stalemate cannot be allowed to continue any further. The official respondents plead before us that they should not be unnecessarily drawn in this family disputes of the Management. The school year has started in full swing now.
24. Accordingly, it is ordered in the interest of justice, that Sri.Gautam Krishna will act as the Adhoc Manager of the above School from today (1.7.2022) onwards, and the official respondents will permit Sri.Gautam Krishna to be the Adhoc Manager of the School as above. Hence, for the time being, the Managing Committee of the School will consist of
(i) Smt.Rani Krishna, (ii) Nominee of Smt.Lekshmi Krishna, (iii) Sri.Gautam Krishna, and the said Managing Committee will function in terms of the stipulations of Ext.P-2 Scheme, more particularly Clauses 2(a) & 2(b) thereof, and the other applicable norms. Needless to say, the day to day affairs of the administration W.A. Nos. 804 & 805 of 2022 ..13..
of the Management could be carried out by the Adhoc Manager. The main WAs itself could be disposed, by issuing necessary directions to the respondent educational authorities concerned to take decision as per the Scheme on these matters.
25. The abovesaid interlocutory directions will be in force for a period of 2 weeks from today. This case is partly heard.
List these cases for orders in the Admission List on 15.7.2022.
Hand over.
Sd/-
ALEXANDER THOMAS, JUDGE Sd/-
SHOBA ANNAMMA EAPEN, JUDGE MMG 01-07-2022 /True Copy/ Assistant Registrar