IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR.JUSTICE ZIYAD RAHMAN A.A., J
SAYYID HAMEED ALI K.V.K. S/o. LATE SAYYID SALIH POOKOYA THANGGAL – Appellant
Versus
STATE OF KERALA – Respondent
JUDGMENT :
[WP (C) Nos. 7202/2022, 7684/2022, 26364/2021]
1. All these writ petitions are filed by the petitioners raising a dispute with regard to the management of an Aided school namely, “I.T.K. Higher Secondary School” at Cherukulamba, Malappuram District. The petitioners are the legal heirs of erstwhile manager. (For convenience, WP(C) No.7202/2022 is taken as the leading case, and the Exhibits, as well as the parties to the litigation, are hereinafter referred to as per the sequences/ranks mentioned in the said writ petition, unless otherwise specifically mentioned).
2. The facts that led to the filing of these writ petitions are as follows:
The school referred to above was established by late Sri K.V.K. Pookoya Thangal. He was the Manager and the school was thus under an individual education agency. The said Pookoya Thangal died on 23.4.2014. The petitioner in WP(C) No.7202/2022 is the son of the deceased and the petitioner in WP(C)No.26364/2021 and WP(C)No.7684/2022 is another son. Other legal heirs of the deceased are, the 5th respondent, the wife of the deceased and respondents 7 to 10, the daughters of the deceased. The 6th respondent in WP(C)No.7202/2022 is the petitioner i
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.
Educational authorities must consider applications for school management approval despite internal disputes unless exceptional circumstances exist, as established by prior court rulings.
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 court affirmed the necessity for regulatory approval in educational management transfers, emphasizing adherence to procedures set forth in relevant educational statutes.
Management disputes in educational institutions require judicial oversight to ensure proper protocols are followed in disciplinary actions and managerial appointments under the Kerala Education Rules....
The interim orders extending a Manager's tenure amid disputes regarding property status as Waqf were deemed improper, highlighting potential abuse of legal process.
The court emphasized timely resolution of revision petitions and the necessity of balancing administrative authority with educational needs.
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.
A Manager of a Committee of Management cannot initiate a writ petition without prior authorization from the Committee, thus impacting the maintainability of such petitions.
The court affirmed the validity of the election of the Committee of Management, emphasizing adherence to the Society's Bye-Laws and proper authority in convening meetings.
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