P.M.NARAYANAN NAMBOODIRI v. DIRECTOR OF GENERAL EDUCATION

SMT.NISHA BOSE, SR.GP, SMT.SAROJINI K.G, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.01.2024, ALONG WITH WP(C).15066/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) Nos.42344/2022 & ..2.. IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. FRIDAY, THE 19TH DAY OF JANUARY 2024 / 29TH POUSHA, 1945 WP(C) NO. 15066 OF 2023 PETITIONER: P.M. NARAYANAN NAMBOODIRI AGED 73 YEARS MANAGER, AUP SCHOOL, MARAKKARA, MALAPPURAM, PIN – 676554 BY ADVS. S.KRISHNAMOORTHY SNEHA ROSE P.S.ARUNA RESPONDENTS: 1 2 3 4 DIRECTOR OF GENERAL EDUCATION JAGATHY, THIRUVANANTHAPURAM, PIN - 695014 DEPUTY DIRECTOR OF EDUCATION DOWN HILL, MALAPPURAM, PIN - 676519 ASSISTANT EDUCATION OFFICER KUTTIPPURAM, MALAPPURAM, PIN - 676534 P.V.NARAYANANNAMBOODIRI PADINJATTUMANA, MARAKKARA, MALAPPURAM, PIN - 676554 BY ADV SAJEEV KUMAR K.GOPAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.01.2024, ALONG WITH WP(C).42344/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) Nos.42344/2022 & ..3.. MOHAMMED NIAS C.P., J. - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.42344 of 2022 & W.P.(C) No.15066 of 2023 - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of January, 2024 J U D G M E N T Common petitioners in the above writ petitions submit that he is the Manager of the school, and his approval was granted from 04/10/2006 to 10/04/2006, as per Ext.P1. Thereafter, due to the fourth respondent's interference, the petitioner's approval as Manager was limited up to 30/10/2021 by Ext.P2 order. Both sides submit that there is a consent decree dated 30/10/1992 in O.S.No.110/1976 of the Munsiff Court, Tirur, which is produced as Ext.P3 in W.P.(C) No.42344 of 2022. In terms of Ext.P3 decree, the senior most male member has to be appointed as the Manager.

2. The prayer in W.P.(C) No.42344 of 2022 is for a direction to the second respondent to consider Ext.P8 in the light of Ext.P6 and P7 judgments of this Court that dealt with the case of the Civil Court passing a compromise decree and how the byelaws are to be framed thereafter. This Court found in Ext.P6 and P7 that in cases where there is a compromise decree, what is required is only an order under Rule 2 of W.P.(C) Nos.42344/2022 & ..4.. Chapter III of KER. It will be open to either of the parties to produce a copy of the compromise petition and the decree before the educational authorities, and the educational authorities shall approve the same as the bye-law and the Managership is to be conferred in terms of the same.

3. The petitioner and the fourth respondent make rival claims. In view of the fact that both sides admit the existence of the compromise decree, it will be open to the petitioner or the fourth respondent to produce the compromise petition and the decree before the second respondent within three weeks from the date of receipt of a copy of this judgment.

4. As Ext.P5 order in W.P.(C) No.42344 of 2022 is passed by the first respondent, there will be direction to the first respondent to reconsider Ext.P5 after affording a reasonable opportunity of hearing to the petitioner and the fourth respondent. While taking a decision, the first respondent will be bound by the directions in Exts.P6 and P7, which held that only a formal order under Rule 2 of Chapter III of KER is required in cases where there is a compromise decree. The educational authority shall approve the same as a byelaw and the Managership is to be conferred on the person stipulated in the byelaw. A decision as aforesaid shall be taken within three months from the date of receipt of a copy of this judgment. W.P.(C) Nos.42344/2022 & ..5.. No further orders are required in W.P.(C) No.15066 of 2023 in the light of the orders as above. The writ petitions are disposed of as above. Sd/- MOHAMMED NIAS C.P. JUDGE APA W.P.(C) Nos.42344/2022 & ..6.. APPENDIX OF WP(C) 42344/2022 PETITIONER EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P4 Exhibit P5 Exhibit P6 Exhibit P7 Exhibit P8 TRUE COPY OF HIS APPROVAL ORDER NO.D/6018/06/K.DIS DATED 4.10.2006 FROM 10.4.2006 ONWARDS ISSUED BY THE AEO. TRUE COPY OF THE ORDER AEO. NO. C/1438/2021 DATED3.11.2021. TRUE COPY OF THE DECREE IN O.S.NO.110/1976 DATED 13.10.1992. TRUE COPY OF THE APPEAL PETITION DATED 18.11.2021. TRUE COPY OF THE PROCEEDINGS DATED 14.12.2022 OF THE 1ST RESPONDENT. TRUE COPY OF THE JUDGMENT DATED 2.11.2015 IN W.P.(C).NO.25492/2015. TRUE COPY OF THE JUDGMENT DATED 13.11.2015 IN W.A.NO.2449/2015 . TRUE COPY OF THE APPLICATION DATED 17.12.2022. W.P.(C) Nos.42344/2022 & ..7.. APPENDIX OF WP(C) 15066/2023 PETITIONER EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P4 Exhibit P5 Exhibit P6 Exhibit P7 Exhibit P8 TRUE COPY OF THE APPROVAL ORDER NO. D/6018/06/K.DIS DATED 4.10.2006 ISSUED BY THE 3RD RESPONDENT TRUE COPY OF THE DECREE IN OS NO 110/1976 DATED 13.10.1992 OF MUNSIFF COURT TIRUR, TRUE COPY OF THE SAID ORDER NO. C/1438/2021 DATED 3.11.2021 TRUE COPY OF THE PROCEEDINGS NO. DGE/13816/2022-E 4/A.D ISSUED BY THE 1ST RESPONDENT DATED 14.12.2022 TRUE COPY OF THE REPRESENTATION DATED 17.12.2022 TRUE COPY OF THE ORDER NO. C 1438/2021 DATED 19.12.2022 ISSUED BY 3RD RESPONDENT TRUE COPY OF THE JUDGMENT IN WRIT PETITION NO. 25492/15 DATED 2.11.2015 TRUE COPY OF THE JUDGMENT IN WRIT APPEAL NO. 2449/15 DATED 13.11.15 RESPONDENT EXHIBITS Exhibit-R4(a) Exhibit-R4(b) Exhibit-R4(c) Exhibit R4(d) Exhibit R4(e) True copy of the plaint in O.S.No.179/2016 dated 25.05.2016. True copy of the notice dated 27-12- 2021 issued by the Manager True copy of the representation submitted by the 4th respondent before the Assistant Educational Officer, Kuttippuram dated 12-01-2022 TRUE COPY OF THE BYE- LAW OF PARALI HIGH SCHOOL SOCIETY DATED NIL WITHOUT THE SIGNATURE OF THE MANAGING COMMITTEE MEMBERS TRUE COPY OF THE BYE-LAW OF ELANKUR P.M.S.A HIGHER SECONDARY SCHOOL CORPORATE EDUCATIONAL AGENCY