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A. MUHAMED MUSTAQUE, P. KRISHNA KUMAR
ASHRAF M. A. – Appellant
Versus
STATE OF KERALA – Respondent
JUDGMENT :
A. MUHAMED MUSTAQUE, J.
1. The learned counsel for the appellant vehemently argued in regard to the competency of the Deputy Director of Education in exercising the power under Chapter III of Rule 7 of the Kerala Education Rules, 1959 (for short KER, 1959), which refers to the power of the Director to disqualify a Manager in the event of mismanagement. In the KER, 1959 as originally stood as ‘Director’ is defined under Rule 2 (4) as follows:
Which means the Government is competent to appoint any officer from time to time as a Director invoking power under Rule 2(4) of the KER. As per G.O. (P) No. 52/80/G.Edn. dated 7.5.2018, the Government appointed the Deputy Director of Education as the Director for the purpose of Rule 7 of Chapter III of the KER. It is appropriate to refer to S.R.O. No. 561/80, which reads thus:
“S.R.O. No. 561/80 - Under Clause (4) of rule 2 of Chapter I of the Kerala Education Rules, 1959 and in super-session of the Notifica
The Deputy Director of Education lacked authority to disqualify the Manager due to amendments in the Kerala Education Rules, necessitating referral to the Director of General Education.
Only the Director of General Education has the authority to determine the fitness of a school manager, as per the amended Kerala Education Rules, 1959.
The Director of General Education must consider a revision petition regarding appointment approvals under Rule 8A of the Kerala Education Rules, reaffirming the statutory rights of teachers in the ap....
Management disputes in educational institutions require judicial oversight to ensure proper protocols are followed in disciplinary actions and managerial appointments under the Kerala Education Rules....
The court affirmed the necessity for regulatory approval in educational management transfers, emphasizing adherence to procedures set forth in relevant educational statutes.
The court ruled that the District Educational Officer's approval of a Manager's appointment without considering the relevant injunction order was flawed, leading to the need for reconsideration.
The Government's power of review under the Civil Services Rules should be exercised in accordance with the law, and observations about the seriousness of the charge and the adequacy of the punishment....
Management disputes in educational trusts must be resolved by the Trust's General Body and cannot be decided by departmental authorities pending civil litigation.
Management of aided schools requires adherence to statutory provisions regarding ownership transfer; prior approval is necessary to avoid any void transactions.
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