IN THE HIGH COURT OF KERALA AT ERNAKULAM
N.NAGARESH, J
Milad-e-sherief Memorial Trust – Appellant
Versus
State Of Kerala Represented By The Secretary – Respondent
JUDGMENT :
(N. NAGARESH, J.)
The 1st petitioner is an Educational Trust and the 2nd 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 2nd petitioner as the Manager of PKK Sahib Memorial Higher Secondary School, Kayamkulam.
2. The petitioners state that the 2nd 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 4th 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 2nd petitioner and to appoint the 4th 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 4th respondent and others. Ext.P5(a) proposal dated 27.04.2024 was submitted t
Educational authorities cannot adjudicate management disputes of educational institutions, which must be resolved by civil courts.
Management disputes in educational trusts must be resolved by the Trust's General Body and cannot be decided by departmental authorities pending civil litigation.
Educational authorities must approve management transfers for schools, and temporary appointments do not confer permanent rights.
Educational authorities must consider applications for school management approval despite internal disputes unless exceptional circumstances exist, as established by prior court rulings.
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 disputes regarding educational agency management must be resolved through civil suits, not writ petitions, affirming the validity of the Trust's management rights.
Disputes over trust management and educational agency authority must be resolved in civil court, not through writs, especially when parties have ratified past actions.
The absence of a managing body in the educational institution precludes the application of Rule 8(1) of Chapter III KER to the petitioner.
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.
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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