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2014 Supreme(Ker) 40

K.M.JOSEPH, A.HARIPRASAD
A. K. Roopa – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For the Appellant:P.K. Suresh Kumar, Senior Advocate, R.K. Muraleedharan, Advocate.
For the Respondents:R1 to R4, C.R. Syamkumar, Sr. Government Pleader, R5, V.A. Muhammed, K.E. Hamza, R6, Dr. George Abraham, Advocates.

Judgment :

Hariprasad, J.

1. The fundamental questions raised in this Writ Appeal are the following:

i. Whether Manager of an aided school, functioning under the Kerala Education Act, 1958 and Kerala Education Rules, 1959 (hereinafter “KE Act and KER” respectively), can contract out his powers and duties under the KE Act and KER to an intending purchaser of the management and ownership of the school?

ii. If such an agreement is executed by the Manager with another, whether the terms therein can override the provisions of KE Act and KER?

Of course, there are other issues raised in this case. But they are only ancillary to the above mentioned questions.

2. Prayers made in the amended writ petition are the following:

“i) issue a Writ of Certiorari or any other appropriate writ order or direction quashing Ext.P9 order dated 26.09.2011 of the 1st respondent and Ext.P6 order of the 4th respondent to the extent of granting transfer of management of EVUP School Tuneri with effect from 24.03.2008 onwards instead of 24.09.2009 onwards;

And

ii) issue a Writ of Mandamus or any other appropriate writ order or direction directing the 4th respondent to approve the appointment of the petitioner as peon in













































































































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