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Kerala High Court
Subhash.S vs State Of Kerala on 18 February, 2026
2026:KER:14718
W.P. (C) No.42335 of 2023
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
WEDNESDAY, THE 18TH DAY OF FEBRUARY 2026 / 29TH MAGHA,
1947
WP(C) NO. 42335 OF 2023
PETITIONERS:
1 SUBHASH.S, AGED 42 YEARS, S/O. SWAMINATHAN,
MANAGER-DESIGNATE, SUNDARA VARRIER MEMORIAL
AIDED LOWER PRIMARY SCHOOL, [ S.V.M.A.L.P.
SCHOOL ] NAMBULLIPURA, PALAKKAD, RESIDING AT
10/263, THALAPPOTTA HOUSE, KOOTTUPATHA, MUNDUR
(PO),PALAKKAD, PIN - 678 592
2 SURESH BABU, AGED 46 YEARS, S/O SWAMINATHAN,
10/263, THALAPPOTTA HOUSE, KOOTTUPATHA, MUNDUR
(P.O.), PALAKKAD, PIN - 678 592
BY ADV SHRI.U.BALAGANGADHARAN
SMT. NAMITHA
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE SECRETARY,
GENERAL EDUCATION DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001
2 THE DIRECTOR OF GENERAL EDUCATION, DPI OFFICE,
JAGATHY, THIRUVANANTHHAPURAM, PIN - 695 014
3 THE DEPUTY DIRECTOR OF EDUCATION, CIVIL STATION,
ROBINSON ROAD, PALAKKAD, PIN - 678 001
4 DISTRICT EDUCATIONAL OFFICER, PALAKKAD, PIN -
678 001
2026:KER:14718
W.P. (C) No.42335 of 2023
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5 ASSISTANT EDUCATIONAL OFFICER [A.E.O.],
PARLI, EDATHARA P.O., PALAKKAD, PIN - 678 611
6 P.V. DEVI, MANAGER, SUNDARA VARRIER MEMORIAL
AIDED LOWER PRIMARY SCHOOL, NAMBULLIPURA,
PALAKKAD-RESIDING AT ASHIRWAD, NANJAPPA NAGAR,
OLAVAKKODE, PALAKKAD, PIN - 678 002
BY ADVS.
SHRI.P.J.ANILKUMAR
SRI.P.S.SREE PRASAD
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 18.02.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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W.P. (C) No.42335 of 2023
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JUDGMENT
The 1st petitioner had obtained prior permission from
the 2nd respondent herein for the transfer of the school
managed by the 6th respondent in his name. However,
subsequently, for the reasons stated in the writ petition, the 1 st
petitioner sought the involvement of the 2 nd petitioner herein,
who is none other than his brother, for the purchase of the
school as stated above. However, the request for transfer of
the school originally managed by the 6 th respondent in the
name of the 1st petitioner was not favourably considered on
the alleged violation of the provisions under Rule 5A of Chapter
III of the Kerala Education Rules. The order issued to that
effect, at Ext. P9, is under challenge in this writ petition.
2. I have heard Smt.Namitha, representing Sri.U
Balagangadharan, the learned counsel for the petitioners,
Sri.Sunil Nath, the learned Government Pleader, as well as
Sri.Anilkumar, the learned counsel for the 6th respondent.
3. True, the provisions of Rule 5A of Chapter III
of KER provides that in a situation where an educational
2026:KER:14718
institution is being owned and managed by two or more
persons, the management amounts to a corporate nature and
the bylaw/constitution as prescribed thereunder should be
followed. At the same time, the petitioners relied on Ext.P4
joint declaration, as per which the 2 nd petitioner has expressed
no objection for the school being managed by the 1st petitioner
herein. The Circular at Ext.P6 dated 24.11.2021 has also
provided for a relaxation as regards the transfers effected
without granting sanction.
4. In the case at hand, the impugned order at
Ext.P9 has been issued without taking note of the relaxation
extended by the Circular at Ext.P6. In such circumstances, I
am of the opinion that the matter requires to be reconsidered
especially on the face of the joint declaration at Ext.P4.
5. Therefore, this writ petition would stand
disposed of, setting aside Ext.P9 and directing the 2 nd
respondent herein to consider the matter afresh and pass
orders thereon, after granting an opportunity for being heard to
the petitioners as expeditiously as possible, at any rate, within
a period of twelve weeks from the date of receipt of a copy of
2026:KER:14718
the judgment.
6. This Court further notices that on the basis of
the directions issued on 01.07.2024, the 5 th respondent was
directed to provisionally approve the 1st petitioner herein as the
manager of the school. In the light of the afore, the learned
counsel for the petitioners states that the online facilities are
not extended to the 1st petitioner for the operating the
"Samanwaya" portal. If that be the case, in view of the interim
order issued by this Court noticed above as well as the setting
aside of Ext.P9 order, there will also be a direction to the 5 th
respondent to provide the online facilities to the petitioner so
as to operate the portal.
Needless to say, till a decision is taken as directed
above, the petitioner is to continue provisionally as the
manager of the school in question.
Sd/-
HARISANKAR V. MENON
JUDGE
PR
2026:KER:14718
APPENDIX OF WP(C) NO. 42335 OF 2023
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE AGREEMENT DATED
9.3.2017 BETWEEN THE 1ST PETITIONER AND
6TH RESPONDENT
Exhibit P2 A TRUE COPY OF THE ORDER OF THE SECOND
RESPONDENT DATED 12.10.2018
Exhibit P3 A TRUE COPY OF THE ABSOLUTE SALE DEED
DATED 16.1.2021 DOCUMENT NO. 176/21OF
SRO PARALI RELEVANT PAGES ONLY
Exhibit P4 A TRUE COPY OF THE JOINT DECLARATION
DULY ATTESTED BY NOTARY DATED 27.7.2023
Exhibit P5 A TRUE COPY OF ORDER OF AEO DATED
5.1.2023
Exhibit P6 A TRUE COPY OF THE CIRCULAR DATED
24.11.2021
Exhibit P7 A TRUE COPY OF THE REPRESENTATION DATED
3.8.2023 SUBMITTED BY THE FIRST
PETITIONER TO THE SECOND RESPONDENT
Exhibit P8 A TRUE COPY OF THE JUDGMENT DATED
Exhibit P9 A TRUE COPY OF THE ORDER
NO.G1/16931/2023/D.G.E DATED 25.11.2023
ISSUED BY THE SECOND RESPONDENT
