K.BASKARAN, M.P.MENON
ABDUL RAHIM – Appellant
Versus
STATE OF KERALA – Respondent
1. Both these writ petitions are directed against the same order, viz: G. O. Rt. No. 3200/78/G. Edn. dated 26-10-1978 passed by Government of Kerala, a true copy of which is marked as Ext. P9 in O. P. No. 361 of 1979. It would appear that there has been dispute between the petitioners on the one hand and the 4th respondent in O.P. No. 362 of 1979 on the other in regard to the ownership and the right of management of the school with respect to which Ext. P9 order has ultimately been passed. The question really is whether the validity of an alleged transfer of the property and right of management of an aided school could be decided by the Educational Authorities or not. This Court in the judgment in W. A. Nos. 152 & 191 of 1978 stated as follows:
"It was pointed out by this Court that the Kerala Education Act and the Rules left it to the statutory authorities constituted by them to decide the question of the right of management to school to the best of their resources and ability, and that this Court would not be justified, especially in writ proceedings, in directing the parties to fight out their rival claims in a Civil Court and on that ground alone to interfere with th
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