IMPORTANT POINT
Educational authorities cannot adjudicate management disputes of educational institutions, which must be resolved by civil courts.

JUDGMENT :

(N. NAGARESH, J.)

The 1^st petitioner is an Educational Trust and the 2^nd petitioner is its Secretary and the Manager of the Institutions under the Trust. The writ petition has been filed seeking to set aside Ext.P20 and to direct respondents 1 to 3 to approve the 2^nd petitioner as the Manager of PKK Sahib Memorial Higher Secondary School, Kayamkulam.

2. The petitioners state that the 2^nd petitioner was elected as the Secretary-cum-Manager in the General Body meeting held on 26.10.2019. A meeting of the General Body of the Trust was scheduled on 18.02.2024. The 4^th respondent and his men including a few office bearers of the Trust called an Executive Committee meeting of the Trust on 16.02.2024. They claimed that a decision is taken to expel the 2^nd petitioner and to appoint the 4^th respondent as the Manager. The petitioners state that such a decision is taken without authority or jurisdiction. Power to expel a Member is vested only with the General Body. The meeting allegedly held on 16.02.2024 is not as per bye-laws.

3. In the General Body meeting held on 18.02.2024, the General Body expelled the 4^th respondent and others. Ext.P5(a) proposal dated 27.04.2024 was submitted to the 3^rd respondent-DEO along with application for change of Management. Ext.P6 is the proceedings appointing the 4^th respondent as the Manager endorsed by the 3^rd respondent-DEO. Ext.P6 application submitted by the 4^th respondent for the transfer of Management contains erroneous information. Ext.P6 is a fraudulent application, contend the petitioners.

4. Ext.P6 was challenged by the petitioners in W.P.(C) No.15662/2024. This Court passed Ext.P5 judgment in the writ petition directing the 2^nd respondent-Additional Director of Public Instructions to pass orders in the statutory Appeal. The petitioners also filed a suit in the civil court. The civil court granted Ext.P8 interim injunction dated 09.05.2024. Later, the Munsiff's Court, Kayamkulam vacated the interim injunction order dated 09.05.2024 as per Ext.P12 order dated 25.06.2024 in OS No.149/2024.

5. The petitioners filed W.P.(C) No.23652/2024 seeking to direct respondents 1 and 2 to put the Deputy Director of Education in charge of the administration of the School, appointing him as Manager. The 2^nd respondent passed Ext.P14 order dated 02.07.2024 holding that Ext.P6 is not a speaking order. The 2^nd respondent stayed the operation of Ext.P6. Since Ext.P6 has been stayed as per Ext.P14, the 2^nd petitioner should have been permitted to continue as Manager. However, by Ext.P14 order, the 3^rd respondent-DEO was put in charge of Manager.

6. Ext.P14 was challenged filing writ petition to the extent it appointing the DEO as the Manager. While so, the appeal filed against Ext.P12 was allowed by the Additional District Court, Mavelikkara granting an order of injunction restraining the 4^th respondent from acting as office bearer of the Trust. The 4^th respondent was injuncted from interfering in the administration of the Trust as per Ext.P15 judgment dated 30.09.2024 in CMA No.22/2024 of the Additional District Court, Mavelikkara.

7. W.P.(C) No.25455/2024 was disposed of by this Court directing the 2^nd respondent to pass orders in the appeal filed by the petitioner. A hearing was conducted on 18.11.2024. The 2^nd respondent has now issued Ext.P20 order dated 26.11.2024 dismissing the appeals filed by the petitioner and permitting the DEO to continue as Manager of the School. Ext.P20 order is illegal and arbitrary, contend the petitioners.

8. The petitioners submit that Ext.P6 application for change of Management was submitted by the 4^th respondent suppressing material facts and providing false information. The 2^nd respondent, in Ext.P14, has held that the 3^rd respondent had not followed due procedure while approving the 4^th respondent as the Manager. Therefore, as a natural consequence, the 2^nd petitioner is entitled to continue as the Manager of the School. The proposal for approving the 2^nd petitioner as Mana