Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K.NARENDRAN, MURALEE KRISHNA S., JJ
Milad-E-Sherief Memorial Trust – Appellant
Versus
State Of Kerala – Respondent
JUDGMENT :
Muralee Krishna, J.
The petitioners in W.P.(C)No.42606 of 2024 filed this writ appeal under Section 5 (i) of the KERALA HIGH COURT ACT , 1958, challenging the judgment dated 18.03.2025 whereby the learned Single Judge dismissed the writ petition filed by the appellants under Article 226 of the Constitution of India seeking a writ of certiorari to set aside Ext.P20 order dated 26.11.2024 of the 2nd respondent Additional Director of Public Instructions and a writ of mandamus commanding respondents 1 to 3 to approve the 2nd appellant as the Manager of PKK Sahib Memorial Higher Secondary School, Kayamkulam.
2. It is pleaded in the writ petition that the 1st appellant is an Educational Trust under the Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act, 1955 and is functioning from 01.11.1978. The 2nd appellant is the Secretary of the Trust and also the Manager of the Institutions under the Trust in view of Ext P1 approved bylaw of the Trust. The appellants further pleaded that as per Clause 8(b) of Ext.P1 bylaw, the power to remove a member is vested with the General Body of the Trust.
As per Clause 9 of Ext.P1, the Executive Committee does not have
Management disputes in educational trusts must be resolved by the Trust's General Body and cannot be decided by departmental authorities pending civil litigation.
Disputes over trust management and educational agency authority must be resolved in civil court, not through writs, especially when parties have ratified past actions.
Educational authorities cannot adjudicate management disputes of educational institutions, which must be resolved by civil courts.
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 institutions require judicial oversight to ensure proper protocols are followed in disciplinary actions and managerial appointments under the Kerala Education Rules....
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.
Educational authorities must approve management transfers for schools, and temporary appointments do not confer permanent rights.
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.
Educational authorities must consider applications for school management approval despite internal disputes unless exceptional circumstances exist, as established by prior court rulings.
The absence of a managing body in the educational institution precludes the application of Rule 8(1) of Chapter III KER to the petitioner.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
