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1984 Supreme(Ker) 322

K.BHASKARAN, M.P.MENON
Iysha Narayanan – Appellant
Versus
State of Kerala – Respondent


JUDGMENT

M.P. Menon, J.

1. In the year 1949 the Travancore Government accorded sanction to one E.V. Narayanan to start a middle school at Brahmamangalam. Narayanan passed away in December, 1975. Iysha, Narayanan's daughter and the petitioner herein, thereupon claimed the right to manage the school. Under the Kerala Education Act and the Rules, transfer of ownership and management of schools has to be approved by the officers of the Education Department. The Director of Public Instruction declined to uphold Iysha's claim, apparently for the reason that in his opinion, the school belonged to the "Brahmamangalam School Committee", and not to Sri. Narayanan in his individual capacity. The matter was taken up before Government who thought that entrustment of the school to a loose body like the committee was not desirable. Accordingly, by Ext. P-7 order, dated 15th October 1977, Government held that the management of the school "be vested with Smt. Iysha Narayanan". Ext. P-7 was promptly challenged before this court by the office-bearers of the committee, and by Ext. P-9 judgment, Chandrasekhara Menon, J. held that the rival claims had to be ultimately settled by a civil court. His Lordshi







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