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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR.JUSTICE ZIYAD RAHMAN A.A., J
K.V.M.S Educational Society – Appellant
Versus
State Of Kerala – Respondent
JUDGMENT :
ZIYAD RAHMAN A.A., J.
This Writ Petition is submitted by the petitioners being aggrieved by Exts. P4, P6 and P9 orders by which the applications submitted by the petitioners to appoint the 2nd petitioner as the Manager of V.K.N.M.V.H.S.S., Vayyattupuzha, Pathanamthitta District was rejected. The 1st petitioner is the President of Kerala Vellala Maha Sabha (KVMS) governed by Ext.P1 bye-laws approved by the Educational Authorities concerned. The 2nd petitioner claims to be the duly elected President of the 1st respondent.
2. The facts that led to the filing of the Writ Petition are as follows:
The 1st petitioner-Society was formed with an objective to establish and run different educational institutions at various levels. As per Ext.P1 bye -laws, the President of the Society will be the Chairman of the Managing Committee of the 1st petitioner-Society and as per Clause 7(h) of the said bye-laws, the Chairman of the Managing Committee will be the Manager of the educational institutions under the Society.
3. Earlier, one (Late) Punalur Madhu was appointed as the Manager of the school referred to above, on 10.04.2013 and his appointment was approved vide Ext.P2 order. Later, in the
Educational authorities must consider applications for school management approval despite internal disputes unless exceptional circumstances exist, as established by prior court rulings.
Educational authorities cannot adjudicate management disputes of educational institutions, which must be resolved by civil courts.
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.
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 trusts must be resolved by the Trust's General Body and cannot be decided by departmental authorities pending civil litigation.
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.
The interim orders extending a Manager's tenure amid disputes regarding property status as Waqf were deemed improper, highlighting potential abuse of legal process.
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....
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