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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P., J
Padmini C.P. W/o. Ramankutty – Appellant
Versus
State of Kerala, Represented by The Secretary to Government, General Education Department – Respondent
JUDGMENT :
MOHAMMED NIAS C.P.
These writ petitions are with respect to the dispute in the management of CPN UP School. These writ petitions were referred for mediation and the same have been settled. A memorandum of settlement agreement has been filed on 27.3.2025, the terms of which are as follows:
“1. The respondents 1 to 4 in WPC No. 9989/2019 and Respondents 1 to 5 in WPC No. 30740/2018 and Respondents 1 to 4 and 9 in WPC No. 11839/2019 are Government and its officials, and 7th respondent Smt. Kumari Nambisan, in WP(C) No.9989/2019 and WP(C) No.11839/2019, who is the wife of Sri. Neelakantan Nambisan, 8th respondent Mr.Rajithkumar in WP(C) No.11839/2019 having no right in the disputed property, are not necessary parties to this settlement as the subject matter is property and management rights in between the owners of CPNUP School, Vattamkulam, Malappuram District.
2. The petitioner in WPC No. 9989/2019 Smt. Padmini C.P, is the sole party respondent in WPC No. 30740/2018. Smt. Padmini C.P. is also the petitioner in WPC No.11839/2019. In the pendency of WPC No. 9989/2019 and WPC No.11839/2019, the respondent Sri. C.P. Kesavan Nambisan passed away and therefore his legal heirs Dr. Bi
Mediation is essential for resolving disputes, and settlement agreements reached through mediation are binding on the parties involved.
Disputes over trust management and educational agency authority must be resolved in civil court, not through writs, especially when parties have ratified past actions.
Point of Law : In all cases where a Will is set up, the procedure prescribed under Section 68 of the Indian Evidence Act, 1872, will have to be followed.
The court emphasized the necessity of procedural fairness and the disqualification of a school manager under the Kerala Education Act due to permanent employment elsewhere.
Disputes regarding the management of an aided school must be resolved in civil court, and the validity of bye-laws for appointment of a manager based on majority decision is upheld.
The court emphasized the importance of compliance with procedural mandates and relaxations specified in educational regulations during management transfer requests.
Management disputes in educational trusts must be resolved by the Trust's General Body and cannot be decided by departmental authorities pending civil litigation.
The court affirmed the necessity for regulatory approval in educational management transfers, emphasizing adherence to procedures set forth in relevant educational statutes.
The court affirmed that schools established by a community must be managed by duly constituted committees reflecting community involvement, rejecting claims of individual ownership.
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