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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. Muhamed Mustaque, J, P. Krishna Kumar,J
Rashida K, W/o. Abdul Jabbar – Appellant
Versus
N.Sidrathul Munthaha – Respondent
JUDGMENT :
A. Muhamed Mustaque, J.
The Lower Primary School Pazhedam, Manjeri, Malappuram District, is an aided school. One Sri. T.P. Muhammed Haji was the owner and manager of the school. After his demise, his son, T.P. Abdul Salam, was acting as the manager. He is also one of the legal heirs of the late. T.P. Muhammed Haji. The legal heirs of T.P. Muhammed Haji subsequently transferred ownership to one Aranhikkal Abdul Salam. There was a dispute regarding omission of a certain parcel of land, which forms part of the school property, in the document. Anyway, we are not adverting to that matter now, as the issue before us requires consideration from a different perspective. The Aranhikkal Abdul Salam sold his right over the property to N. Sidrathul Munthaha, who is the Part-Time Arabic Teacher of the above school. Thereafter, N. Sidrathul Munthaha approached the Government for approval as the manager. There is a legal embargo on a teacher of a school becoming its manager. The Government exempted her from the bar applicable to the teachers acquiring the management right of the school by an Order dated 03.12.2012.
2. Thereafter, N. Sidrathul Munthaha requested the transfer of management
Management of aided schools requires adherence to statutory provisions regarding ownership transfer; prior approval is necessary to avoid any void transactions.
The court affirmed the necessity for regulatory approval in educational management transfers, emphasizing adherence to procedures set forth in relevant educational statutes.
The court affirmed that properly routed applications for management changes in educational institutions must be accepted by administrative officers for further processing.
Ownership claim through a Will outweighs management transfer denials based on land status.
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 emphasized the necessity of procedural fairness and the disqualification of a school manager under the Kerala Education Act due to permanent employment elsewhere.
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 must approve management transfers for schools, and temporary appointments do not confer permanent rights.
The manager of an aided school has the right to close the school under Section 7(6) of the Kerala Education Act without requiring government permission, as upheld by various court decisions.
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