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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. JUSTICE D. K. SINGH, J
E.P. Paulose, S/o. Paily.E.M. – Appellant
Versus
State Of Kerala – Respondent
JUDGMENT :
The petitioner claims to be the Manager A.L.P School, Kondazhy, which is a Government-Aided School. The Deputy Director of Education, the 3rd respondent, has found that the petitioner has been found unfit to hold the office of the Manager of the said school. The said order in Ext.P4 was challenged in Revision by the petitioner before the 1st respondent. However, the 1st respondent vide impugned order in Ext.P6 has affirmed the order passed by the 3rd respondent.
2. The learned counsel for the petitioner submits that with effect from 2019, it is only the Director of General Education who is empowered to rule upon the competence of a person to hold the post of the Manager of a school. Such a view has been taken by the Division Bench of this Court in the judgment dated 30.01.2025 passed in W. A No.93/2025. The Division Bench, after taking note of the provisions of Rule 2(4) of KER 1959, in paragraphs 3 and 4, held as under:
“3. In this matter, the Deputy Director of Education, Malappuram, passed an order on 24.5.2024 disqualifying the Manager, who is the appellant herein. Since we have noted that the Deputy Director has no such power, as the power was taken away by the amendme
Only the Director of General Education has the authority to determine the fitness of a school manager, as per the amended Kerala Education Rules, 1959.
The Deputy Director of Education lacked authority to disqualify the Manager due to amendments in the Kerala Education Rules, necessitating referral to the Director of General Education.
The court affirmed the necessity for regulatory approval in educational management transfers, emphasizing adherence to procedures set forth in relevant educational statutes.
The court affirms procedural legitimacy in educational appointments, emphasizing that authority must be respected during appointive disputes.
Educational authorities cannot adjudicate management disputes of educational institutions, which must be resolved by civil courts.
The Director of General Education must consider a revision petition regarding appointment approvals under Rule 8A of the Kerala Education Rules, reaffirming the statutory rights of teachers in the ap....
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....
Eligibility criteria for promotion must be met, and invalid qualifications disqualify candidates from holding positions, even on an ad hoc basis.
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