Najeeb .M vs District Education Officer
2021 Latest Caselaw 3919 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

    WEDNESDAY, THE 03RD DAY OF FEBRUARY 2021 / 14TH MAGHA,1942

                       WP(C).No.24259 OF 2020(F)


PETITIONER:

               NAJEEB .M
               AGED 48 YEARS
               MANAGER, JANATHA HIGHER SECONDARY SCHOOL,
               THEMPAMOODU, PULLAMPARA P.O.,
               THIRUVANANTHAPURAM-695607.

               BY ADV. SRI.A.RAJASIMHAN

RESPONDENTS:

        1      DISTRICT EDUCATION OFFICER
               ATTINGAL P.O., THIRUVANANTHAPURAM-695101.

ADDL.   2      ADDL.R2.DEPUTY DIRECTOR OF EDUCATION
               KILLIPALAM, THIRUVANANTHAPURAM-695002

               (IS IMPLEADED AS PER ORDER DATED 03.02.2021 IN
               I.A.NO.2/2020)

ADDL.   3      ADDL.R3.A.ABDUL RASHEED
               AGED 73 YEARS, SON OF AHAMED PILLAI,
               RESIDING AT DALIA, ANAKUZHI, PULLAMPARA VILLAGE,
               NEDUMANGAD TALUK, THIRUVANANTHAPURAM DISTRICT

               (IS IMPLEADED AS PER ORDER DATED 03.02.2021 IN
               I.A.NO.3/2020)

               R3 BY ADV. V.A.MUHAMMED
               R3 BY ADV. SRI.M.SAJJAD
               SMT.NISHA BOSE, SENIOR GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.24259 OF 2020

                                    2




                             JUDGMENT

Dated this the 3rd day of February 2021

Heard the learned counsel for the petitioner and the learned

Government Pleader as well as the learned counsel appearing for the

additionally impleaded 3rd respondent.

2. It is admitted by the learned counsel appearing on all sides that

there are certain disputes pending with regard to the production of

the bye law and the constitution of the Corporate Educational Agency,

since the petitioner in this writ petition and the 3 rd respondent along

with his children constitute the Corporate Educational Agency. It is

submitted that some time is required to work out the inter se disputes

and to submit the approved constitution and bye laws of the

Corporate Educational Agency before the respondents.

3. The learned counsel for the petitioner submits that there is no

objection to the petitioner's appointment as Manager from any

quarters and that the administration of the school is put to

difficulties due to the fact that no Manager has now been approved. WP(C).No.24259 OF 2020

4. Having heard the learned counsel appearing on all sides and

having considered the contentions advanced, I am of the opinion that

the petitioner is liable to be approved at least provisionally as

Manager of the school till the issues in the Corporate Educational

Agency are resolved and a constitution and bye laws are produced

before the respondents.

5. In the above view of the matter, there will be a direction to the

2nd respondent to approve the appointment of the petitioner as

Manager in the school for a period of six months. The petitioner as

well as the 3rd respondent shall take appropriate steps to see that an

approved constitution and bye laws of the Corporate Educational

Agency are duly prepared and produced before the respondents

within the said time.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C).No.24259 OF 2020

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE PROCEEDINGS OF THE RESPONDENT DATED 8.12.2017.

EXHIBIT P2 TRUE COPY OF THE REQUEST DATED 19.9.2020 FOR APPROVAL SUBMITTED TO THE RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE APPLICATION DATED 19.9.2020 FOR THE CHANGE OF MANAGEMENT SUBMITTED TO THE RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE DECLARATION DATED 19.9.2020 SUBMITTED BY THE PETITIONER.

EXHIBIT P5 TRUE COPY OF THE REPORT DATED 19.9.2020 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE LETTER DATED 30.9.2020 ISSUED BY THE RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE REPRESENTATION DATED 9.10.2020 SUBMITTED BY THE PETITIONER.

EXHIBIT P8 TRUE COPY OF THE LETTER DATED 20.10.2020 ISSUED BY THE RESPONDENT.

EXHIBIT P9 TRUE COPY OF THE ORDER NO.B2/3184/2020/ D.E.O./K.DIS DATED 10.11.2020 ISSUED BY THE RESPONDENT

RESPONDENT'S/S EXHIBITS: NIL