P.K.Ramdas vs The Additional Director General ...
2022 Latest Caselaw 6038 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
      THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
  WEDNESDAY, THE 1ST DAY OF JUNE 2022 / 11TH JYAISHTA, 1944


                  WP(C) NO. 17808 OF 2022


PETITIONERS:

    1    P.K.RAMDAS
         PRESIDENT, IRITTY HIGH SCHOOL SOCIETY, KIZHOOR
         P.O., IRITTY - 670 703.

    2    K.KUNHIMADHAVAN,
         AGED 68 YEARS, S/O. OTHENAN NAINAR, SECRETARY,
         IRITTY HIGH SCHOOL SOCIETY, KIZHOOR P.O., IRITTY -
         670 703.

         BY ADVS.
         M.P.SREEKRISHNAN
         A.MUHAMMED MUSTHAFA
         DHEERAJ P.P.


RESPONDENTS:

    1    THE ADDITIONAL DIRECTOR GENERAL OF EDUCATION
         O/O. DIRECTOR GENERAL OF EDUCATION, JAGATHI P.O.,
         THIRUVANANTHAPURAM - 695 014.

    2    THE DEPUTY DIRECTOR OF EDUCATION - THALASSERI,
         4TH FLOOR, MINI CIVIL STATION, M.G.ROAD,
         THALASSERI, KANNUR - 670 101.

    3    THE DISTRICT EDUCATION OFFICER - THALASSERI,
         4TH FLOOR, MINI CIVIL STATION, M.G.ROAD,
         THALASSERI, KANNUR - 670 101.
 WP(C) NO. 17808 OF 2022
                             2



    4    K.T.ANOOP,
         16/55, ANUSREE, PALAPARAMBU P.O., KEEZHUR, IRITTY -
         670 703

    5    THE STATE OF KERALA,
         REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HIGHER
         EDUCATION, THIRUVANANTHAPURAM - 695001.



         SMT NISHA BOSE, SR GOVERNMENT PLEADER



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 01.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO. 17808 OF 2022
                                     3




                                JUDGMENT

Instant wit petition is filed by the petitioners herein challenging

Exts.P14 and P15 orders passed by the 1st and 3rd respondent, as per

which, the 4th respondent has been approved as Manager of the Iritty Higher

Secondary School.

2. The petitioners contend that there were numerous litigations

pending before this Court as well as the Civil Court with regard to the

management of the Corporate Educational Agency which manages the Iritty

Higher Secondary School. O.S.No.205 of 2019 on the file of the Munsiff

Court, Koothuparamba was filed by the 4th respondent herein seeking

declaration and injunction and O.S.No.229 of 2017 is one instituted by a

certain Abdurahiman Poyilan before the Munsiff Court, Koothuparamba. The

petitioner refers to the judgment dated 8/7/2020 in W.P.(C) No.11415/2020

and it is submitted that this Court taking note of the pendency of the Civil

Suit and that the dispute with regard to the election to the society ordered

the DEO to function as the Manager. Though the matter was challenged

before the Division Bench, by judgment dated 28.7.2020 in W.A. No.955 of

2020, had refused to interfere and the civil courts were directed to consider

the respective suits in accordance with the pleadings of the parties and WP(C) NO. 17808 OF 2022

evidence untrammelled by the findings in the earlier order.

3. According to the petitioners, the plaintiff in O.S.No.229/2017,

filed an application seeking withdrawal of the suit as not pressed and by

order dated 11.1.2022, the suit was dismissed. Immediately thereafter, the

4th respondent approached the 3rd respondent seeking approval as Manager

of the Educational Society on the basis of an election which was held on

26.9.2020. According to the petitioner, the entitlement of the 4th respondent

to act as Manager is pending consideration of the Civil Court in

O.S.No.205/2019. The said request was rejected by the 3rd respondent by

order dated 7.2.2021 noting the pendency of the civil suit and the directions

issued by this Court.

4. According to the petitioners, elections were then held and the

petitioners were elected as President and Secretary respectively and based

on the above, they submitted a request before the 3rd respondent for

approval.

5. While the request for approval was pending, the 4th respondent

approached the respondents 1 and 2 seeking approval and by Ext.P14 order

dated 22.4.2022, approval was granted by the 1st respondent. This was

followed up with Ext.P15 order issued by the 3rd respondent. WP(C) NO. 17808 OF 2022

6. Being aggrieved, the petitioners are stated to have preferred

Ext.P16 Revision Petition before the Government under Chapter III Rule 4(4)

of the KER. It is contended that the petitioners have also preferred an

application for stay along with the revision petition. It is pointed out that the

Manager is initiating hasty steps to make appointments in the school under

the guise of Ext.P14 and P15 orders. Reliance is placed on Ext.P17 and it is

stated that an advertisement has been given in the paper without disclosing

the name of the school but the phone number appearing in Ext.P17 is that of

the 4th respondent. According to the petitioners, if appointments are carried

out when the approval order is under challenge before the 5th respondent it

would result in irreparable injury and hardship. It is in the afore

circumstances that this writ petition is filed seeking to quash Ext.P14 and P15

and for issuance of directions to the 5th respondent to consider and pass

orders on Ext.P16 revision petition along with the application of stay.

7. I have heard Sri.M.P.Sreekrishnan, the learned counsel appearing

for the petitioners and Smt.Nisha Bose, the learned Senior Government

Pleader. In the nature of the order that I propose to pass, notice to the 4th

respondent is dispensed with.

8. The petitioners are aggrieved by Exts.P14 and P15 orders issued

by the 1st and 3rd respondents approving the appointment of the 4th WP(C) NO. 17808 OF 2022

respondent as the Manager of the Educational Agency. Their contention is

that Exts.P14 and P15 orders are passed in violation of the principles of

natural justice as the request for managership filed by the petitioners was

also pending consideration before the authority. It is also their contention

that Exts.P14 and P15 orders have been issued without reckoning the spirit

of Exts.P3, P6 and P7. The petitioners contend that statutory appeal has

been preferred along with the stay petition and the only request is for an

expeditious consideration of the same. The petitioners also have requested

that until the stay petition is heard and disposed of by the 5th respondent,

the 4th respondent shall not be permitted to make any appointments in the

school. The learned Government pleader submits that there is no

impediment in considering the stay petition in an expeditious manner.

9. Having considered the entire facts and circumstances and the

submissions made across the bar, this writ petition can be disposed of by

issuing the following directions.

a) There will be a direction to the 5th respondent to take up, consider and pass appropriate orders on Ext.P16 revision petition, after affording an opportunity of being heard, either physically or virtually, to the petitioners herein or their authorised representative and all other affected parties.

WP(C) NO. 17808 OF 2022

b) The stay petition filed by the petitioners shall be considered at any rate within a period of two weeks from the date of production of a copy of this judgment. Before passing orders in the stay petition, the affected parties including the 4th respondent shall be heard. Until orders are passed in the stay petition, the 4th respondent shall be interdicted from making any appointments to any of the posts in the Iritty Higher Secondary School.

c) Orders in the revision petition shall be passed expeditiously, in any event, within a period of three months from the date of production of a copy of this judgment.

d) It would be open to the petitioners to produce a copy of the writ petition along with the judgment before the concerned respondent to ensure compliance.

This writ petition is disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE

sru WP(C) NO. 17808 OF 2022

APPENDIX OF WP(C) 17808/2022

PETITIONER'S EXHIBITS:

Exhibit P1 A TRUE COPY OF THE JUDGMENT, DATED 13.07.2017 IN WP(C) 22494 OF 2017.

Exhibit P2         A TRUE COPY OF THE ORDER, DATED
                   06.02.2019 IN RP 892 OF 2017 IN W.P(C)
                   22494 OF 2017

Exhibit P3         A TRUE COPY OF THE JUDGMENT IN WA 1534 OF
                   2019, DATED 18.10.2019

Exhibit P4         A TRUE COPY OF THE REPRESENTATION DATED
                   20.05.2019 BY THE 4TH RESPONDENT ALONG
                   WITH OTHER MEMBERS OF THE SOCIETY

Exhibit P5         A TRUE COPY OF THE ORDER, DATED
                   25.05.2020 PASSED BY THE 1ST RESPONDENT.

Exhibit P6         A TRUE COPY OF THE JUDGMENT, DATED
                   08.07.2020 IN WP(C) 11415 OF 2020.

Exhibit P7         A TRUE COPY OF THE JUDGMENT, DATED
                   28.07.2020 IN WA 955 OF 2020.

Exhibit P8         A TRUE COPY OF THE PLAINT IN OS 205 OF
                   2019 PENDING BEFORE THE MUNISSF'S COURT,
                   KOOTHUPARAMBA.

Exhibit P9         A TRUE COPY OF THE PLAINT IN OS 229 OF
                   2017 BEFORE THE MUNISSF'S COURT,
                   KOOTHUPARAMBA.

Exhibit P10        A TRUE COPY OF THE NOTICE, DATED
                   14.09.2021 ISSUED BY THE 4TH RESPONDENT.

Exhibit P11        A TRUE COPY OF THE NOTICE, DATED
                   06.4.2022 ISSUED BY THE SECRETARY.
 WP(C) NO. 17808 OF 2022




Exhibit P12        A TRUE COPY OF THE CERTIFICATE ISSUED BY
                   THE REGISTRAR OF SOCIETIES, THALASSERI,
                   DATED 20.04.2022.

Exhibit P13        A TRUE COPY OF THE APPLICATION, DATED
                   25.04.2022 PREFERRED BY THE 2ND
                   PETITIONER.

Exhibit P14        A TRUE COPY OF THE ORDER, DATED
                   22.04.2022 IS PASSED BY THE 1ST
                   RESPONDENT.

Exhibit P15        A TRUE COPY OF THE ORDER, DATED
                   07.05.2022 PASSED BY THE 3 RD RESPONDENT.

Exhibit P16        A TRUE COPY OF THE REVISION FILED BY THE

PETITIONERS BEFORE THE GOVERNMENT, DATED 18.05.2022 WITHOUT EXHIBITS.

Exhibit P17        A TRUE COPY OF THE NEWS PAPER CUTTING
                   APPEARED IN THE MATRUBUMI DAILY ON
                   26.05.2022



RESPONDENTS' EXHIBITS:    NIL