IN THE HIGH COURT OF KERALA AT ERNAKULAM
Anil K. Narendran, Muralee Krishna S., JJ
P. Muhammed Shafi S/o Seethi – Appellant
Versus
State of Kerala – Respondent
JUDGMENT :
Muralee Krishna, J.
1. These appeals are filed under Section 5(i) of the KERALA HIGH COURT ACT , 1958, by the respective petitioners in W.P.(C)Nos.33822 of 2023 and 30218 of 2024, challenging the common judgment dated 04.03.2025 passed by the learned Single Judge, whereby the writ petitions ended in dismissal. For convenience of reference, the parties to these writ appeals and the documents produced are referred to in this judgment as they were referred to in the impugned common judgment of the learned Single Judge as well as in W.A.No.593 of 2025, unless otherwise stated.
2. According to the appellant in Writ Appeal No.592 of 2025, he is one among the founder Trustees of the Shihab Thangal Educational and Charitable Trust (‘the Trust’ in short), which is the petitioner in W.P.(C)No.30218 of 2024. The trust was formed with an objective to establish educational institutions and to provide educational facilities to the poor children in backward areas. Ext.P1 is the Trust Deed registered as Document No.788 of 2011 before the Additional SRO, Kozhikode. The Trust purchased the A.M.U.P. School at Mampad, which is an aided School under the ownership and management of one Smt.Amin
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 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.
Management disputes in educational trusts must be resolved by the Trust's General Body and cannot be decided by departmental authorities pending civil litigation.
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....
Educational authorities cannot adjudicate management disputes of educational institutions, which must be resolved by civil courts.
Educational authorities must consider applications for school management approval despite internal disputes unless exceptional circumstances exist, as established by prior court rulings.
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.
The absence of a managing body in the educational institution precludes the application of Rule 8(1) of Chapter III KER to the petitioner.
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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