Kerala High Court
K.Balan Master vs State Of Kerala on 19 November, 2021
WP(C) No.25268/2021 1/6
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
Friday, the 19th day of November 2021 / 28th Karthika, 1943
WP(C) NO. 25268 OF 2021(G)
PETITIONER:
K.BALAN MASTER AGED 72 YEARS S/O KUNJIKANNAN NAMBYAR,SECRETARY-CUM-
MANAGER, KUTHUPARAMBA EDUCATIONAL SOCIETY (FORMERLY KNOWN AS
KUTHUPARAMBA HIGH SCHOOL SOCIETY VIDE NO.3/1944) & KUTHUPARAMBA
HIGHER SECONDARY SCHOOL, RESIDING AT POURNAMI POST PINARAYI-670741,
KANNUR DISTRICT, KERALA.
RESPONDENTS:
1. STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO
GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT,
THRIUVANANTHAPURAM-695001.
2. JOINT SECRETARY DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT OF
KERALA, SECRETARIAT, THIRUVANANTHAPURAM-695001.
3. ADDITIONAL DIRECTOR, GENERAL EDUCATION, GOVERNMENT OF KERALA,
THIRUVANANTHAPURAM-695001.
4. THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION, OFFICE
OF THE RDDE, KANNUR-670001.
5. THE DEPUTY DIRECTOR OF EDUCATION, KANNUR-670001, KERALA.
6. THE DISTRICT EDUCATION OFFICER THALASSERY-670101, KANNUR DISTRICT,
KERALA.
7. MR.SATHYAN NARAVOOR, AGED 62 YEARS S/O KRISHNAN, POURNAMI, POST,
NARAVOOR-KUTHUPARAMBA-670643, KANNUR DISTRICT, KERALA.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to stay the operation of Exhibit P14 order dated 05-11-2021 vide
No.G.O.(Rt.No.4978/2021/GEDN issued by the 2nd respondent until the final
disposal of the Writ Petition, or else, great loss and hardship will be
caused to the students, teachers, other staff members of Kuthuparamba HSS
and community at large.
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S T.ASAF ALI, LALIZA.T.Y. Advocates for the petitioners and of
SRI.T.B.HOOD, SENIOR GOVERNMENT PLEADER & SRI.KALEESWARAM RAJ, Advocate
for R7, the court passed the following:
WP(C) No.25268/2021 2/6
RAJA VIJAYARAGHAVAN V, J.
---------------------------------
W.P. (C) No.25268 of 2021
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Dated this the 19th day of November, 2021
ORDER
I have heard Sri.T.Asaf Ali, the learned counsel appearing for the
petitioner, Sri. T.B.Hood, the learned Senior Government Pleader and Sri.
Kaleeswaram Raj, the learned counsel appearing for the 7th respondent, for
the consideration of the interim prayer.
2. Sri. T. Asaf Ali, the learned counsel submitted that Ext.P14 order
has been passed by the Government setting aside the order passed by the
Additional Director and the DEO has been appointed as the Manager of the
Kuthuparamba Higher Secondary School. The order was passed on the
premise that the amended bye-law of the society has not been approved by
the DDE and hence, the Society has no approved bye-law. The learned
counsel points out that on an earlier occasion when the Management was
entrusted with the DEO, this Court had interfered and had set aside the same
on the ground that the action taken was in clear violation of Section 14 of the
Kerala Education Act. It is submitted that the order passed by the learned
Single Judge was approved by the Division Bench by Ext.P7 order. The
WP(C) No.25268/2021 3/6
learned counsel contends that it was after considering all relevant aspects
that the Director had passed Ext.P9 order and there was no reason for the
Government to interfere with the same. It is further submitted that nowhere
in the impugned order has it been mentioned that any of the offensive
practices made mention of in Rule 7 of Chapter III of the KER was made out
and in that view of the matter, there was no reason to take over the
management of the school. Placing reliance on the judgment rendered by the
learned Single Judge in the previous proceeding, it is submitted that it would
be against the public interest to take over the management of the school
without complying with the statutory mandate. It is further submitted that the
7th respondent had instituted O.S.No.395/2019 before the Court of Munsiff,
Kuthuparamba seeking an order of injunction restraining the defendants
therein from holding, continuing or exercising any act as elected members of
the managing committee of the 1st defendant society. However, the learned
Munsiff after evaluating the contentions by a detailed order had refused the
order of injunction. It is further submitted that if the management is
entrusted with the DEO on such vague grounds, the same would adversely
affect the functioning of the school.
3. Sri. T.B.Hood, the learned Senior Government Pleader supported
the order passed by the Government. Relying on Ext.P8, it is submitted that
the DEO had directed the petitioner to produce the approved constitution as
WP(C) No.25268/2021 4/6
well as the bye-law and the declaration under Rule 8 of Chapter III, but the
same was not produced. It is submitted that it was improper on the part of
the Director to grant one year's time to the petitioner to produce the
approved bye-law. It is further submitted that the petitioner has taken an
inconsistent stand as regards the registration of the bye-law before the
statutory authority. The learned Government pleader submits that a counter
shall be placed on record expeditiously and sought for refusing the interim
prayer.
4. Sri. Kaleeswaram Raj, the learned counsel appearing for the
party respondent has supported the submissions of the learned Senior
Government Pleader. Relying on Exts.P6 and P7 judgments, it is submitted
that this Court had taken note of the fact that there were serious lapses in the
functioning of the society and also on the administration of the school. The
Division Bench had also permitted the concerned authorities to conduct the
necessary enquiry in the matter. The fact that the above aspect is not
mentioned in the impugned order would not make any difference, contends
the learned counsel. The learned counsel would also refer to Ext.P5 order
passed by the Government to highlight the wrongdoings of the managing
committee.
5. Having considered the submissions, I find that this is the second
round of litigation. The earlier order by which the Management was
WP(C) No.25268/2021 5/6
entrusted with the DEO was interfered with by this Court and the same was
upheld by the Division Bench. The respondents have raised a contention that
there are serious lapses in the running of society as well as the school.
However, that is not the reason which persuaded the Government to entrust
the management of the school with the DEO. Prima facie, it appears from
Ext.P2(a) that the respondents have approved the bye-law of the society,
wherein the tenure of the governing committee has been fixed as 7 years.
Ext.P16 also reveals that no amendment has been carried out after 2009. In
order to invoke section 14 of the Act and take over the management of an
aided school, public interest alone is not enough. There should be neglect on
the part of the Manager to perform any of the duties under the Act or the
KER. Having considered all the relevant aspects, prima facie, I am of the view
that the petitioner has made out a case for grant of an interim order. Ext.P14
order will stand stayed for a period of three weeks.
The respondents shall place on record their counter within such time.
Post after three weeks.
Sd/-
RAJA VIJAYARAGHAVAN V,
JUDGE
NS
19-11-2021 /True Copy/ Assistant Registrar
WP(C) No.25268/2021 6/6
APPENDIX OF WP(C) 25268/2021
Exhibit P2(A) TRUE COPY OF THE ORDER ISSUED BY THE DEPUTY DIRECTOR OF
EDUCATION, KANNUR APPROVING THE AMENDED BYE-LAWS OF
KUTHUPARAMBA EDUCATIONAL SOCIETY PURSUANT TO THE
APPLICATION MADE BY THE THEN MANAGER, KUTHUPARAMBA HSS.
Exhibit P5 TRUE COPY OF THE SAID ORDER VIDE NO.G.O (GEN)
NO.668/2020/G.ED DATED 6.2.2020.
Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 13TH AUGUST 2020 MADE
IN WPC NO.7210/2020.
Exhibit P7 TRUE COPY OF THE JUDGMENT DATED 26TH AUGUST 2020 MADE
IN WA NO.1146/2020.
Exhibit P8 TRUE COPY OF THE ORDER ISSUED BY THE DEO, THALASSERY
VIDE NO.6/2749/2020 DATED 13.11.2020 REJECTING THE
REQUEST OF THE PETITIONER TO APPROVE HIM AS THE MANAGER
OF KUTHUPARAMBA.
Exhibit P9 TRUE COPY OF THE ORDER DATED 8TH APRIL 2021 MADE IN
E.M.4/11627/20/D.G.E ISSUED BY THE 2ND RESPONDENT.
Exhibit P14 TRUE COPY OF THE SAID ORDER G.O(RT) NO.4978/2021/GEDN
DATED 5TH NOVEMBER 2021 ISSUED BY THE 2ND RESPONDENT.
Exhibit P16 TRUE COPY OF THE APPLICATION DATED 29.09.2020 MADE BY
THE MR.RAJNEESH KAKKOOTH, MELERI VEEDU, PANNIYORA, POST
KUTHUPARAMBA WHO IS THE PRESIDENT OF THE SOCIETY TO THE
STATE PUBLIC INFORMATION OFFICER, OFFICE OF DISTRICT
REGISTRAR, THALASSERY.
