IMPORTANT POINT
Educational authorities must approve management transfers for schools, and temporary appointments do not confer permanent rights.

JUDGMENT :

(N. NAGARESH, J.)

W.P.(C) No.33822/2023 has been filed by the petitioner, who is one among the founder Trustees of the Shihab Thangal Educational and Charitable Trust, Mambad, Malappuram, seeking to set aside Ets.P2 and P9 orders to the extent they appoint the 5^th respondent as the Manager of AMUP School, Mambad.

2. W.P.(C) No.30218/2024 has been filed by the Secretary of Shihab Thangal Educational and Charitable Trust seeking to direct the respondents to provide the user id and password to operate the Samanwaya online portal and to declare that in view of Ext.P13 it is to be deemed that Sri. Muhammed had continued as the Manager of the School and the decisions taken by him are liable to be ratified.

3. The parties to the writ petitions and exhibits marked therein are referred to as they are appearing/marked in W.P. (C) No.33822/2023. The petitioner in W.P.(C) No.33822/2023 contended that from 20.04.2013 onwards, the School has been under the ownership, possession and control of the 6^th respondent-Shihab Thangal Educational and Charitable Trust. When the Trust acquired the rights over the School, the petitioner ought to have been allowed to function as the Manager of the School. However, the educational authorities allowed Smt. Aminakkutty, the former Manager of the School, to continue as the Manager without any right of ownership of the properties. This arrangement was necessitated as the transfer of management of the School from Smt. Aminakkutty to the Trust did not have the approval fo the educational authorities.

4. Later, Smt. Aminakkutty appointed the 5^th respondent as the Manager. The said appointment was approved as per Ext.P2 order dated 13.08.2018. The petitioner's appeal against Ext.P2 appointment was rejected by the DEO as per order dated 21.12.2020. The petitioner thereupon filed Ext.P3 revision petition before the Government.

5. While so, application for transfer of the School in favour of the Trust was declined by the 2^nd respondent- Director General of Education on the ground that there was no approved bye-laws for the management of the School. Immediately thereafter, the 5^th respondent drafted a bye-law and got it approved. The petitioner would contend that the bye-law cannot be sustained as it was prepared without the sanction of the Trust. The bye-laws also are inconsistent with the Trust Deed.

6. The petitioner states that when he questioned the bye-laws, he was removed from the Trust without any notice at the instance of the 5^th respondent. The petitioner has filed OS No.2/2022 before the Sub Court, Manjeri challenging his expulsion. The OS is pending. By Ext.P5 order, the application of the 5^th respondent for transfer of management of the School was rejected by the 2^nd respondent.

7. On Ext.P3 revision petition, the 1^st respondent passed Ext.P6 order dated 05.02.2022 setting aside Ext.P2 order approving the 5^th respondent as Manager. The Trust was permitted to submit a fresh application for transfer of management of the School. The 4^th respondent-AEO was directed to be in charge of the Manager of the School temporarily.

8. The 6^th respondent-Trust challenged Ext.P6 order filing W.P.(C) No.6171/2022 and this Court passed Ext.P7 interim order staying the operation of Ext.P6. Finally, the writ petition was disposed of as per Ext.P8 judgment directing the 1^st respondent-State of Kerala to reconsider the matter. The 1^st respondent thereupon passed Ext.P9 order permitting the 5^th respondent to continue as Manager for a further period of three months and directing to regularise the transfer of ownership and management of the School within three months.

9. The petitioner thereafter submitted Ext.P10 representation to the 1^st respondent requesting to recall Ext.P9 order. The petitioner pointed out that the 5^th respondent has appointed Teachers in the School in violation of Ext.P7 interim order of this Court. The 5^th respondent was found to have indulged in illegal transfer of Wakf properties and such a person can