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IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K.NARENDRAN, MURALEE KRISHNA S.
Arun S. Nair S/o Sukumaran Nair – Appellant
Versus
Manager Mahatma Gandhi Memorial High School, Poozhanad – Respondent
| Table of Content |
|---|
| 1. management dispute of the school (Para 1 , 2 , 3) |
| 2. interim orders by the learned single judge (Para 4 , 5) |
| 3. arguments regarding maintainability (Para 6 , 8 , 9) |
| 4. provision for appeal against orders (Para 10) |
| 5. final disposition of the writ appeal (Para 11 , 12) |
JUDGMENT :
1. This writ appeal is filed under Section 5(i) of the Kerala High Court Act, 1958, by the 3rd respondent in W.P.(C)No.28535 of 2025, challenging the interim orders dated 01.08.2025 and 14.08.2025 passed by the learned Single Judge in that writ petition.
“i. Issue a Writ of Certiorari or any other appropriate Writ, order or direction quashing Ext.P24 order issued by the 4th respondent.
iii. Issue a writ declaring that Ext.P24 order is an abuse of the power by the 4th respondent and is expressly contrary to the provisions of the KER and the directions issued by this Court.
v. Issue writ of mandamus directing the 1st respondent to initiate appropriate actions against the 4th respondent for abusive of power and deliberate disobedience to the directions of this Court.
vii. To declare the 4th respondent has acted in excess of jurisdiction and in malice that, Ext.P24 order is in violation of provisions o
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 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.
Point of law : through the amendment to the proviso to Rule 67(7) of Chapter XIVA of the KER – brought in by the Government as per GO(P)No.6/2019/G.Edn, dated 30.06.2019 -only an officer authorised b....
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 Government cannot review a revisional order; petitioners must explicitly challenge orders for the court to consider them.
The interim orders extending a Manager's tenure amid disputes regarding property status as Waqf were deemed improper, highlighting potential abuse of legal process.
The court confirmed the necessity of addressing managerial disputes through appropriate revision processes and interim orders during legal proceedings.
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 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....
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