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IN THE HIGH COURT OF KERALA AT ERNAKULAM
N. NAGARESH, J
P. Muhammed Shafi S/o Seethi – Appellant
Versus
State Of Kerala – Respondent
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 5th 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 6th 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 Sch
Educational authorities must approve management transfers for schools, and temporary appointments do not confer permanent rights.
The court affirmed the necessity for regulatory approval in educational management transfers, emphasizing adherence to procedures set forth in relevant educational statutes.
Educational authorities cannot adjudicate management disputes of educational institutions, which must be resolved by civil courts.
Disputes over trust management and educational agency authority must be resolved in civil court, not through writs, especially when parties have ratified past actions.
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 ruled that disputes regarding educational agency management must be resolved through civil suits, not writ petitions, affirming the validity of the Trust's management rights.
Educational authorities must consider applications for school management approval despite internal disputes unless exceptional circumstances exist, as established by prior court rulings.
The main legal point established in the judgment is that the Education Officer had no jurisdiction to set aside a routine and administrative transfer order issued by the petitioner under the MEPS Rul....
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.
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