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HIGH COURT OF KERALA
MOHAMMED NIAS C.P., J
MANOJ MATHEW – Appellant
Versus
STATE OF KERALA – Respondent
JUDGMENT :
The petitioner and the 6th respondent in WP(C) No.6679 of 2021 are stated to be the joint owners of a property measuring 1 acre comprised in Sy. No.705/1-2 of Pooyapally Village which houses the Mar Gregorious Memorial Lower Primary School (MGM LP School), an aided school, on the strength of a Will bearing No.46/1992 of the SRO, Oyoor and also, the judgment and decree dated 23.7.2009 in O.S.No.424/2003 on the file of the Munsiff Court, Kottarakara. It is submitted that, originally, the petitioner's grandfather C.M.Geevarghese was the owner and manager of MGM LP School, who transferred the ownership and managership to his wife Aleyamma as per a gift deed bearing No.385/1969 on the file of the SRO, Pooyapally, which was duly approved by the educational authorities.
2. The petitioner contends that even before Ext.P1 decree, the 6th respondent had submitted an application on 14.8.2003 before the 5th respondent-Assistant Educational Officer, Veliyam, requesting a change of management of the school in question in his name, as per Ext.P2 application. The 5th respondent had rejected the Ext.P2 application, directing the 6th respondent to submit a fresh application before the 2nd r
The court emphasized the necessity of procedural fairness and the disqualification of a school manager under the Kerala Education Act due to permanent employment elsewhere.
Ownership claim through a Will outweighs management transfer denials based on land status.
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.
Management of aided schools requires adherence to statutory provisions regarding ownership transfer; prior approval is necessary to avoid any void transactions.
Educational authorities must consider applications for school management approval despite internal disputes unless exceptional circumstances exist, as established by prior court rulings.
Government orders should be passed after giving an opportunity of hearing to the affected parties.
Educational authorities must approve management transfers for schools, and temporary appointments do not confer permanent 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 court affirmed that properly routed applications for management changes in educational institutions must be accepted by administrative officers for further processing.
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