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IN THE HIGH COURT OF KERALA AT ERNAKULAM
N. NAGARESH, J
Shanitha T K D/o. T K Muhammed – Appellant
Versus
State Of Kerala – Respondent
JUDGMENT :
N.NAGARESH, J.
The petitioner states that Mr. Thandaparakkal Muhammed, the father of the petitioner, founded KMHS, Karulai Aided High School in Wandoor Educational District in the year 1968. He was the individual educational agency and Manager of the School till his death on 14.02.2023. The petitioner seeks to declare that the appointment and approval of the 5th respondent as Manager of the School is invalid and illegal. The petitioner has sought certain other consequential and incidental reliefs, including a declaration that Ext.P1 Trust Deed is void ab initio.
2. The petitioner states that a public Charitable Trust under the name “Kottarakkad Charitable Trust” was constituted by Thandaparakkal Muhammed on 05.02.2013, as per Ext.P1. However, ownership of the School and right to transfer the management of the School was not transferred to the Trust till Thandaparakkal Muhammed died.
3. The preamble of the Deed of Trust was amended by three out of four Trustees stating that it is desirous of entrusting the management of the School along with its building, accessories and assets to the Trust for the purpose of conducting the School, without involving any change of landed prop
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.
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 cannot adjudicate management disputes of educational institutions, which must be resolved by civil courts.
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 must consider applications for school management approval despite internal disputes unless exceptional circumstances exist, as established by prior court rulings.
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.
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