Kerala High Court
Sree Narayana Dharma Paripalana ... vs State Of Kerala on 25 August, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
THURSDAY, THE 25TH DAY OF AUGUST 2022 / 3RD BHADRA, 1944
WA NO. 1042 OF 2022
AGAINST THE ORDER IN IA NO.5/2022 IN WP(C) 23858/2022 DATED
03.08.2022 OF HIGH COURT OF KERALA
APPELLANTS/PETITIONERS IN WRIT PETITION:
1 SREE NARAYANA DHARMA PARIPALANA YOGAM
BR NO. 862, NEELESWARAM WEST, POST NEELESWARAM,
ERNAKULAM DISTRICT - 683574, REP. BY ITS SECRETARY
IN CHARGE, SAJEEV P.B., AGED 58, S/O.
BALAKRISHNAN, PULIKKAL HOUSE, MANIKKAMANGALAM
P.O., KALADY, ERNAKULAM - 683574.
2 VIJI K. B.,
AGED 51 YEARS
S/O. BHASKARAN, KARIKOTH HOUSE, P.O
MANIKKAMANGALAM, ERNAKULAM DISTRICT - 683574.
BY ADV R.K.MURALEEDHARAN
RESPONDENTS/RESPONDENTS IN WRIT PETITION:
1 STATE OF KERALA,
REP BY ITS SECRETARY, DEPARTMENT OF GENERAL
EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM -
695001.
2 THE DIRECTOR OF GENERAL EDUCATION (HIGHER
SECONDARY SECTION),
HOUSING BOARD BUILDING, SANTHINAGAR, THYCAUD,
THIRUVANANTHAPURAM-695 001.
3 THE DISTRICT EDUCATIONAL OFFICER,
OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, ALUVA,
ERNAKULAM DISTRICT - 683101.
4 REGIONAL DEPUTY DIRECTOR OF HIGHER
SECONDARY EDUCATION,
OFFICE OF THE REGIONAL DEPUTY DIRECTOR OF HIGHER
SECONDARY EDUCATION, EDAPPALLY,
ERNAKULAM DISTRICT - 682021.
WA NO.1042 OF 2022 & WP(C) NO.23858 OF 2022
5 THE DEPUTY DIRECTOR OF EDUCATION,
OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,
CIVIL STATION, ERNAKULAM DISTRICT - 682030.
6 K. J AGITH,
KALAPURAKKAL VEEDU, NEELESWARAM, ERNAKULAM
DISTRICT - 683574.
7 ADDL. R7 DILEEP K.V.,
AGED 40 YEARS, S/O. VIDHYADHARAN, KOSHANI HOUSE,
NEELEESWARM P.O, KOTTAM, ERNAKULAM - 683574.
BY ADV SENIOR GOVERNMENT PLEADER (B/O)
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
25.08.2022, ALONG WITH WP(C) NO.23858/2022, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
WA NO.1042 OF 2022 & WP(C) NO.23858 OF 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
THURSDAY, THE 25TH DAY OF AUGUST 2022 / 3RD BHADRA, 1944
WP(C) NO.23858 OF 2022
PETITIONERS:
1 SREE NARAYANA DHARMA PARIPALANA YOGAM
BR NO. 862, NEELESWARAM WEST, POST NEELESWARAM,
ERNAKULAM DISTRICT - 683574, REP. BY ITS SECRETARY
IN CHARGE, SAJEEV P.B., AGED 58, S/O.
BALAKRISHNAN, PULIKKAL HOUSE, MANIKKAMANGALAM
P.O., KALADY, ERNAKULAM - 683574.
2 VIJI K. B.,
AGED 51 YEARS
S/O. BHASKARAN, KARIKOTH HOUSE, P.O
MANIKKAMANGALAM, ERNAKULAM DISTRICT - 683574.
BY ADV R.K.MURALEEDHARAN
RESPONDENTS:
1 STATE OF KERALA
REP. BY ITS SECRETARY, DEPARTMENT OF GENERAL
EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM -
695001.
2 THE DIRECTOR OF GENERAL EDUCATION (HIGHER
SECONDARY SECTION),
HOUSING BOARD BUILDING, SANTHINAGAR, THYCAUD,
THIRUVANANTHAPURAM-695 001.
3 THE DISTRICT EDUCATIONAL OFFICER,
OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, ALUVA,
ERNAKULAM DISTRICT - 683101.
4 THE REGIONAL DEPUTY DIRECTOR OF
HIGHER SECONDARY EDUCATION
WA NO.1042 OF 2022 & WP(C) NO.23858 OF 2022
OFFICE OF THE REGIONAL DEPUTY DIRECTOR OF HIGHER
SECONDARY EDUCATION, EDAPPALLY, ERNAKULAM
DISTRICT-682 021.
5 THE DEPUTY DIRECTOR OF EDUCATION
OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,
CIVIL STATION, ERNAKULAM DISTRICT-682 030.
6 K.J.AGITH
KALAPURAKKAL VEEDU, NEELESWARAM , ERNAKULAM
DISTRICT-683574.
7 ADDL.R.7 DILEEP K.V.
S/O.VIDHYADHARAN, KOSHNAI HOUSE, NEELEESARAM P.O.,
KOTTAM, ERNAKULAM,
PIN-683 574 (ADDL.R7 IS IMPLEADED AS PER ORDER
DATED 29/7/2022 IN IA 1/2022 IN WPC
NO.23858/2022).
BY ADVS.
K.R.PRATHISH
P.K.SREEVALSAKRISHNAN
V.A.MUHAMMED
P.A.JENZIA
SRI.SAIGI JACOB PALATTY (SR.GP)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
25.08.2022, ALONG WITH WA.1042/2022 THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
ALEXANDER THOMAS & SHOBA ANNAMMA EAPEN, JJ.
==================
W.A.No.1042 of 2022
[Arising out of the order in I.A.No.5/2022 dated 03.08.2022 in
W.P.(C).No.23858/2022]
&
W.P.(C).No.23858 of 2022
==================
Dated this the 25th day of August, 2022
JUDGMENT
ALEXANDER THOMAS, J.
The essential challenge that is being considered in these
proceedings is the one directed as against Ext.P15 order dated
01.08.2022 issued by the 2nd respondent-Director of General
Education, whereby it has been ordered that the 20% management
quota seats in the Aided Higher Secondary School involved in these
cases and four other Schools mentioned therein will stand merged
with open merit quota seats in view of the pendency of management
disputes in those Schools.
2. The learned Single Judge had passed an interim order
dated 03.08.2022 rejecting the plea for interim order on the ground
that, in view of the pendency of the management dispute, the stand
W.A.No.1042 of 2022 & W.P.(C).No.23858 of 2022
- : 2 :-
taken in Ext.P15 for merger of the management quota seats in the
open merit quota seats need not be interfered with. Further that, the
administration of the School is now with the respondent-DEO. Being
aggrieved by the said impugned interim order dated 03.08.2022
rendered by the learned Single Judge in the W.P.(C), the petitioners
have filed the afore-captioned writ appeal.
3. In the writ appeal, we have granted an interim order dated
05.08.2022, on the prima facie ground that, mere pendency of the
management dispute in Aided Management School, by itself, cannot
be proper basis for converting the management quota seats to the
open merit quota seats, and that the further allotment of seats in the
petitioners' School, which has ordered to be converted as open merit
quota seats, shall remain stayed.
4. Heard Shri.R.K.Muralidharan, learned counsel appearing
for the appellants in W.A/petitioners in W.P.(C), Shri.Saigi Jacob
Palatty, learned Senior Government Pleader appearing for official
respondents 1 to 5, Shri.K.R.Prathish, learned counsel appearing for
contesting respondent No.6 and Shri.Sreevalsakrishnan, learned
counsel appearing for contesting respondent No.7.
W.A.No.1042 of 2022 & W.P.(C).No.23858 of 2022
- : 3 :-
5. From the submissions of the appellants/petitioners as
well as the contesting respondents, it appears that the dispute is
relating to the management of the School. Further that, the contesting
respondents and some others have preferred civil suits in the matter,
in which so far the Civil Court has not granted any interim order in
their favour in the matter of managership of the School. Hence, it is
the submission of the appellants that, in view of Clause 4 of Ext.P1
bye-laws, the petitioner, who is the previously elected manager, has to
continue until the valid assumption of charge by another incumbent.
Further, going by the submissions of the appellants, it appears that
11 members' Executive Committee was elected through ballot as per
the General Body Meeting of the above SNDP Yogam Sagha, in the
meeting held on 11.03.2018 and that said 11 members are:
(i) Shri.Subin Kumar-President
(ii) Shri.P.B.Gopakumar- Vice President
(iii) Shri.Agith K.J- Secretary (R6 herein)
(iv) Shri.P.G.Suresh- Manager
(v) Shri.Shibu P.K.- Member
(vi) Shri.Biju P.S- Member
W.A.No.1042 of 2022 & W.P.(C).No.23858 of 2022
- : 4 :-
(vii) Shri.Sivan K.K.- Member
(viii) Shri.Dileep K.V.-Member (R7 herein)
(ix) Shri.P.B.Sajeev- Member (1st appellant/1st petitioner)
(x) Shri.Saleem Kumar-Member
(xi) Shri.Viji K.B. - Union Committee Member (2nd petitioner/2nd
appellant)
6. Further, from the submissions of both sides, it appears
that, Serial No.(iv) above-Shri. P.G.Suresh, had earlier resigned from
both the membership of the Executive Committee as well as the
managership of the School, and Serial No.(vi) above- Shri.Biju P.S,
has also resigned from the membership of the committee. Further
that, Serial No.(xi)-Shri. Viji K.B (2nd petitioner/2nd appellant) was
replaced by Shri.K.B.Vivekandan. Further, according to the
appellants/ petitioners, Serial No.(xi)-Shri.Viji K.B (2 nd petitioner/2nd
appellant) was elected as the Manager of the School in lieu of Shri.
P.G.Suresh, the former manager who resigned and further that,
thereupon, Serial No.(xi)-Shri.Viji K.B (2nd petitioner/2nd appellant)
was replaced by Shri.K.B.Vivekandan, as Member of the Committee.
Further, according to contesting respondents, the 2 nd appellant -
W.A.No.1042 of 2022 & W.P.(C).No.23858 of 2022
- : 5 :-
Sri.K.B.Viji (Sl.No.(xi) above supra), was removed by the Executive
Committee on 13/10/2019, whereas the stand of the appellants/
petitioners is that as per the bye-laws, it is an indisputable
position that, going by Clause (4) of Ext.P1 bye-laws, the General
Body alone can elect the Manager of the School and therefore, the
Manager can be removed only by the General Body, and not by the
Executive Committee.
7. There is dispute between the parties as to whether the 2 nd
appellant has been removed from Managership or not. In civil
litigations initiated by the contesting respondents, no interim orders
have been rendered. Further, there cannot be any dispute that
altogether there should be 11 members in the Executive Committee.
Therefore, atleast for the purpose of present disputes, it could be
considered that the 2nd appellant is, atleast, one member of the 11
members' Executive Committee.
8. Further, it is the case of contesting respondents 6 & 7 that,
one Shri.K.K.Rajeev, was inducted as a member of the Executive
Committee on 09/02/2020 in lieu of the vacancy of Sl.No.(vi) -
Sri.P.S.Biju. The counsel for the appellants would submit on the basis
W.A.No.1042 of 2022 & W.P.(C).No.23858 of 2022
- : 6 :-
of instructions that, the appellants will not dispute the said factual
assertion made by contesting respondent No.7 only for the purpose of
this case, so that the management quota seats could be availed.
9. Hence, we suggested to both sides that, the factum of
managing dispute in a Management School will not obliterate the
factual existence of the school as a Management School. Hence, we
suggested that, it is only in the interest of both sides that the available
management quota seats are to be filled up by a reasonable criteria
that may be laid down by this Court, so as to regulate the admissions
in the management quota only for this year. Otherwise, the
management quota seats will be converted as open merit quota seats.
10. True that, there are submissions on behalf of the
contesting respondents that a new election has been conducted for
the Executive Committee. This position is seriously disputed and
controverted by the appellants. The factual disputes canvassed by the
contesting respondents in the civil litigations, have not resulted in
any interim orders by the civil courts. For the limited purpose of
evolving a reasonable criteria for filling up of the management quota
seats for the present academic year, it could be considered that the
W.A.No.1042 of 2022 & W.P.(C).No.23858 of 2022
- : 7 :-
following are the 11 persons reckoned as the members of the
Executive Committee:
(i) Sri.Subin Kumar
(ii) Sri.P.B.Gopakumar
(iii) Sri.K.J.Agith (R6 herein)
(iv) Sri.P.K.Shibu
(v) Sri.K.K.Sivan
(vi) Sri.K.V.Dileep (R7 herein)
(vii) Sri.P.B.Sajeev (1st appellant)
(viii) Sri.Saleem Kumar
(ix) Shri.K.B.Viji (2nd appellant)
(x) Sri.K.B.Vivekanandan
(xi) Sri.K.K.Rajeev
11. It is contended by the appellants that,
Sri.K.V.Vivekanandan supra has been nominated as a Union
Committee Member and therefore, he does not have any right.
Though the appellants have a case that the election of
Sri.K.V.Vivekanandan supra, by the General Body as the Union
Committee Member, to be a member of the Executive Committee,
W.A.No.1042 of 2022 & W.P.(C).No.23858 of 2022
- : 8 :-
the same has not been approved by the Union. This position is
disputed by contesting respondents 6 & 7. However, we would reckon
that he could also be part of the Executive Committee, only for the
limited purpose of filling up of the management quota seats.
12. The learned Senior Government Pleader has submitted,
on the basis of instructions from official respondents 1 to 5, as
follows: Two courses at the Plus Two level are sanctioned in the above
school, one for Bio-Maths and another for Commerce. That, 60 seats
have been sanctioned for Bio-Maths course and 20% management
quota seats will come to 12 seats. So also, 60 seats have been
sanctioned for Commerce Course and 20% management quota seats
thereof would come to 12 seats. Further that, after the allotment
process, as of now, 9 seats are available in the Bio-Maths course and
7 seats are available in the Commerce batch.
13. We suggested to both sides that, only for the limited
purpose of filling up of the management quota seats, each of the
11 members of the Executive Committee, mentioned in para.10 supra,
may sponsor 5 candidates for each of the vacancies in the Bio-Maths
course as well as for each of the vacancies in the Commerce Batch, to
W.A.No.1042 of 2022 & W.P.(C).No.23858 of 2022
- : 9 :-
the respondent-DEO. Such sponsored students should have the
minimum eligibility norms for admission in the Plus Two course as
per the prospectus. This process will be completed within three days
by each of the above said committee members. The DEO will select
the candidates to be admitted in the available management quota
seats for Bio-Maths course and Commerce, mainly on the basis of
merit of the students concerned, based on their SSLC marks. Further
that, this process may be adhered to for this year etc.
14. Both the appellants and the contesting respondents have
no serious objection to the said course of action proposed by us.
In view of this aspect, the respondent - State Authorities also do not
have serious objection to the said course of action. Accordingly, it is
ordered that, each of the 11 members of the Executive Committee,
mentioned in para.10 supra in this judgment, will immediately
sponsor or nominate 5 students for each of the 9 vacancies in the Bio-
Maths course and each of the 7 vacancies in the Commerce Batch, and
such students should have the minimum eligibility norms as per the
prospectus. Such sponsorship should be given by each of the 11
Committee members to the 3rd respondent -DEO within three days.
W.A.No.1042 of 2022 & W.P.(C).No.23858 of 2022
- : 10 :-
On receipt of the sponsorship of students as above, the 3 rd respondent
-DEO will select the students to each of the abovesaid vacancies in the
above two courses, strictly on the basis of merit in the SSLC marks
and may direct the Principal of the above School to admit such
students in the available management quota seats as above.
Thereupon, the Principal of the School will admit the above students
in the abovesaid available vacancies in the management quota seats
as above. This process shall be completed without any further delay.
15. Further, it is also ordered that, the impugned Ext.P15
provisions ordering the merger of management quota seats with the
open merit quota seats for the present academic year, to the limited
extent it affects the school concerned in this case, will stand rescinded
and set aside. All contentions available to both the
appellants/petitioners, official respondents, contesting respondents
and any other party who may have grievances in the matter relating
to management dispute are left open to be raised in other appropriate
proceedings.
16. Further, it is ordered that the abovesaid directions issued
by us, shall not, in any manner, affect any of the management
W.A.No.1042 of 2022 & W.P.(C).No.23858 of 2022
- : 11 :-
disputes pending either in civil suits or before the departmental
authorities or in any other litigative proceedings.
17. All contentions of both sides as regards the issues to be
decided for the next year for the management quota seats, are left
open to be raised and decided in the manner known to law, if it is so
warranted.
18. Further, all other issues raised in the writ petition are left
open and liberty is accorded to the petitioners to work out their
remedies in that regard, including the option of filing a fresh writ
petition on all such issues other than those decided as above.
With these observations and directions, the above Writ Appeal
and the above W.P.(C) will stand disposed of.
Sd/-
ALEXANDER THOMAS, JUDGE
Sd/-
SHOBA ANNAMMA EAPEN, JUDGE
AS
APPENDIX OF WP(C).NO.23858/2022
PETITIONERS' EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE PROCEEDINGS OF THE
REGIONAL DEPUTY DIRECTOR OF PUBLIC
INSTRUCTION, ERNAKULAM AS ORDER NO. K. DIS.
G4-8116/72 DATED 23.03.1972
EXHIBIT P2 A TRUE COPY OF THE RELEVANT PAGES OF THE
ANNUAL GENERAL BODY MEETING ALONG WITH THE
PROPOSED AMENDMENT OF THE BYELAW DATED
14.07.2019.
EXHIBIT P3 A TRUE COPY OF THE RELEVANT PAGES OF THE
MINUTES OF THE ANNUAL GENERAL BODY MEETING OF
SNDP YOGAM BRANCH 862 DATED 14.07.2019.
EXHIBIT P4 A TRUE COPY OF THE AMENDED BYELAW OF 1ST
PETITIONER EDUCATIONAL AGENCY.
EXHIBIT P5 A TRUE COPY OF THE COMMUNICATION NO.
B3/380/20 FROM THE 3RD RESPONDENT DATED
23.03.2020
EXHIBIT P6 A TRUE COPY OF THE COMMUNICATION NO.
B3/4345/21 OF THE 3RD RESPONDENT DATED
28.07.2021.
EXHIBIT P7 A TRUE COPY OF THE ORDER OF THE CHAIRMAN
ADMINISTRATIVE COMMITTEE, SNDP YOGAM,
KUNNATHUNADU UNION, PERUMBAVOOR DATED
23.06.2020.
EXHIBIT P8 A TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY
THE 4TH RESPONDENT IN WP(C) NO. 18138/2021
EXCLUDING THE EXHIBITS DATED 16.09.2021.
EXHIBIT P9 A TRUE COPY OF THE JUDGMENT IN WA NO.
1284/2021 DATED 25.10.2021.
EXHIBIT P10 A TRUE COPY OF THE COVERING LETTER NO.
17/2021/SNDP DATED 02.11.2021 TO EXT. P4
AMENDED BY LAW.
EXHIBIT P11 A TRUE COPY OF THE COMMUNICATION NO.
B4/1145/2021 FROM THE 5TH RESPONDENT DATED
W.A.No.1042 of 2022 & W.P.(C).No.23858 of 2022
25.11.2021 TO THE PRESIDENT.
EXHIBIT P12 A TRUE COPY OF THE COMMUNICATION NO. ICT CELL
/1771/DGE-HSE/2022 ISSUED BY THE DIRECTOR TO
ALL THE REGIONAL DEPUTY DIRECTORS DATED
01.07.2022.
EXHIBIT P13 A TRUE COPY OF THE CIRCULAR NO. ICT
CELL/1771/1/DGE-HSE/2022 DATED 25.07.2022
ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P14 TRUE COPIES OF THE LIST OF STUDENTS ADMITTED
IN BIO-MATHS AND COMMERCE DURING 2021-2022.
EXHIBIT P15 A TRUE COPY OF THE ORDER NO. I.C.T.
CELL/1771/1/DGE - HSE/2022 ISSUED BY THE 2ND
RESPONDENT DATED 01.08.2022.
RESPONDENTS' EXHIBITS:
EXT.R7(A) TRUE COPY OF THE MINUTES OF MEETING OF THE
EXECUTIVE COMMITTEE OF THE 1ST PETITIONER
DATED 15-11-2019
EXT.R7(B) TRUE COPY OF THE RELEVANT PAGES OF THE
MINUTES OF MEETING OF THE EXECUTIVE MEETING
OF THE 1ST PETITIONER HELD ON 06-06-2020
EXT.R7(C) TRUE COPY OF THE LETTER DATED 18.11.2020
ISSUED BY THE 5TH RESPONDENT
EXT.R7(D) TRUE COPY OF THE REPLY AFFIDAVIT DATED
18.09.2021 FILED BY THE PETITIONERS IN WP(C)
NO.18138 OF 2021
EXT.R7(E) TRUE COPY OF THE NOTICE OF THE GENERAL BODY
MEETING DATED 05.06. 2022 ISSUED BY THE 1ST
PETITIONER
EXT.R7(F) TRUE COPY OF THE GO NO. ICT CELL/1771/1/DGE-
HSE/2022 DATED 01.08.2022 ISSUED BY THE 2ND
RESPONDENT
