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2010 Supreme(Ker) 650

K.T.SANKARAN
Manager – Appellant
Versus
Director Of Public Instructions – Respondent


Advocates Appeared:For the Petitioners:George Poonthottam, Advocate. For the Respondent: No Appearance.

Judgment :

1. The questions arising for consideration in this Writ Petition are the following:

(1) Whether prior permission of the Director of Public Instruction is necessary for transfer of a running school, so as to apply for approval for change of management involving change of ownership?

(2) Whether transfer of a running school and the properties of the same without prior permission of the authority under the Kerala Education Act (hereinafter referred to as 'KE Act') is null and void?

(3) What is the distinction between Section 6 of the Kerala Education Act and Rule 5A of the Kerala Education Rules (hereinafter referred to as 'KER') ?

(4) At what stage the previous permission of the Director of Public Instruction be sought for under Rule 5A of Chapter III of the Kerala Education Rules?

2. The first petitioner, the Corporate Manager of Koyyode Madrassa U.P. School in Kannur District, transferred the running school, its management and properties in favour of the second petitioner as per a registered sale deed dated 14.9.2007. The transfer was made as per the decision taken by the Madrassa committee, which is the educational agency. Consent of the teaching and non teaching staff w








































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