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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Anil K.Narendran, Muralee Krishna S.
Shanitha T.K. – Appellant
Versus
State Of Kerala, Represented By Its Secretary To Government, General Education Department – Respondent
| Table of Content |
|---|
| 1. background of the establishment and management of the school. (Para 1 , 2) |
| 2. arguments against the validity of trust management and appointment of manager. (Para 3 , 6 , 8 , 9 , 10 , 11) |
| 3. judicial findings on the management and governance of the trust. (Para 4 , 13 , 14) |
| 4. conclusion on the dismissal of the writ appeal. (Para 5 , 19) |
| 5. principles on challenges to trust amendments and management. (Para 15 , 16 , 17) |
JUDGMENT :
The petitioner in W.P.(C) No.23166 of 2024 filed this writ appeal under Section 5(i) of the Kerala High Court Act , 1958, challenging the judgment dated 13.05.2025 passed by the learned Single Judge in that writ petition.
2.1. According to the appellant, this amendment to the trust deed is invalid. Even after the said amendment, Thandparakkal Muhammed continued as the Manager of the school till his death. After the death of Muhammed, the 5th respondent was wrongly appointed as the Manager of K.M. High School, even without any authority of law, and it was approved by the District Educational Officer, violating Rule 4 of Chapter III of Kerala Education Rules (‘KER’ in short). Therefore, the Additional Director General of Education (General) set
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.
The court affirmed the necessity for regulatory approval in educational management transfers, emphasizing adherence to procedures set forth in relevant educational statutes.
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.
The interim orders extending a Manager's tenure amid disputes regarding property status as Waqf were deemed improper, highlighting potential abuse of legal process.
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....
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.
Educational authorities must approve management transfers for schools, and temporary appointments do not confer permanent rights.
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.
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