Kerala High Court
Manager Kunhappu Kurup Memorial ... vs The Director Of General Education on 16 November, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 16TH DAY OF NOVEMBER 2023 / 25TH KARTHIKA, 1945
WP(C) NO. 36445 OF 2023
PETITIONER:
MANAGER KUNHAPPU KURUP MEMORIAL MOPLA LP SCHOOL
(KKMM LP SCHOOL) ARUR, ARUR P.O KOZHIKODE DISTRICT, PIN
- 673507
BY ADVS.
R.K.MURALEEDHARAN
ATHIRA A.MENON
RESPONDENTS:
1 THE DIRECTOR OF GENERAL EDUCATION
DIRECTORATE OF GENERAL EDUCATION, JAGATHI,
THIRUVANANTHAPURAM, PIN - 695014
2 THE DEPUTY DIRECTOR OF EDUCATION
OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION KOZHIKODE,
KOZHIKODE DISTRICT, PIN - 673001
3 THE DISTRICT EDUCATIONAL OFFICER
OFFICE OF THE DISTRICT EDUCATIONAL OFFICER VATAKARA,
KOZHIKODE DISTRICT, PIN - 673101
4 THE ASSISTANT EDUCATIONAL OFFICER
OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, NADAPURAM,
KOZHIKODE DISTRICT, PIN - 673504
SMT. NISHA BOSE. SR.GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 36445 OF 2023 2
T.R. RAVI, J.
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W.P.(C)No.36445 of 2023
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Dated this the 16th day of November, 2023
JUDGMENT
The writ petition has been filed seeking a direction to
the 2nd respondent to approve Ext.P1 constitution of the
Savithri Amma Educational Trust which is an educational
agency of Kunhappu Kurup Memorial Mopla LP School, Arur.
2. The Government Pleader on instructions submits
that some of the clauses in the trust deed are not in
accordance with KER and the term of the Manager has not
been fixed in the constitution submitted. The Counsel for the
petitioner submits that it has been specifically stated that the
term of the Manager will be five years in Ext.P1 itself. I find
that the above contention is correct. The Government Pleader
also points out that the 'By-laws' has not been approved by
the DEO. There is no requirement of approval of a 'By-law' if
the trust deed otherwise provides all the aspects which are
needed to be stated in the 'By-laws' (see judgment dated
23.07.2021 in W.P(C).No.14314/2020).
This writ petition is hence disposed of directing the 2 nd
respondent to approve Ext.P1 constitution of Savithri Amma
Educational Trust, if it is otherwise in order, as there is no
scope for any objection on the above two aspects pointed out
by the Government Pleader. Necessary orders of approval
should be granted within three weeks from the date of
receipt of a copy of this judgment. If the 2 nd respondent is of
the opinion that some more clarification is required
regarding any of the aspects in Ext.P1, the petitioner shall be
informed about the same and if the same is warranted the
petitioner shall give necessary clarification for the said issue.
Sd/-
T.R.RAVI
JUDGE
LEK
APPENDIX OF WP(C) 36445/2023
PETITIONER EXHIBITS
Exhibit-P1 TRUE COPY OF THE REGISTERED TRUST DEED
DATED 10.11.2021 OF SRO, VILLIYAPPALLI
Exhibit-P2 TRUE COPY OF THE ENDORSEMENT BY THE 3RD
RESPONDENT DATED 25.07.2022
Exhibit-P3 TRUE COPY OF THE LETTER DATED 14.10.2022
BY THE PETITIONER TO THE 2ND RESPONDENT
Exhibit-P4 TRUE COPY OF THE COMMUNICATION NO.
DDE/4745/2022 -B1 DATED 20.01.2023 BY THE
2ND RESPONDENT TO THE 4TH RESPONDENT
Exhibit-P5 TRUE COPY OF THE REPLY SUBMITTED BY THE
PETITIONER TO THE 4TH RESPONDENT DATED
20.02.2023
Exhibit-P6 TRUE COPY OF THE COMMUNICATION NO.
DDE/3585/2023-B1 OF THE 2ND RESPONDENT TO
THE 4TH RESPONDENT DATED 26.05.2023
Exhibit-P7 TRUE COPY OF THE CIRCULAR NO.
H2/72141/00DPI DATED 10.10.00 ISSUED BY
THE 1ST RESPONDENT
Exhibit-P8 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE
COURT IN WP(C) NO. 14314/2020 DATED
23.07.2021
