A school managed by multiple legal heirs post-founder’s death must adhere to corporate management regulations as per the Kerala Education Rules.

JUDGMENT

By Exhibit P14 order, the 3rd respondent approved the bye-laws framed in respect of the Aided Lower Primary School (ALPS) Amayur North, an aided School established by a Late Narayanan Nair and by Exhibit P15 order, the 5th respondent approved the appointment of the 6th respondent, Sri.N.K.Viswanatha Menon, as the manager of the School in accordance with the bye-laws. The aforesaid orders are challenged in this Writ Petition filed under Article 226 of the Constitution of India.

2. The case of the petitioner as is borne out from the pleadings are as under:

a) The ALP School, Amayur North is an aided school governed by the provisions contained in the Kerala Education Act and Rules. After the death of Narayanan Nair, his legal heirs relinquished their right over the management with the full understanding that Sri. Narayanan Menon was the owner of the school. He was accordingly appointed as the Manager. It is contended that the management continued as an Individual Educational Agency even thereafter.

b) Sri. Narayanan Menon expired on 2.4.1993 as is evident from Ext.P2 death certificate and after his death, the management of the school devolved on the petitioner and her three children, who have been arrayed as respondents 22 to 24 and they constituted the Corporate Educational Agency.

c) The respondents 22 to 24 decided to appoint the petitioner as the Manager of the school and the change of management was without change of ownership. The 5th respondent granted approval as per Ext.P3 order.

d) While so, the 6th respondent raised a claim over the management contending that all the legal heirs of the founder had right over the school.

e) Without the concurrence of the petitioner who was then managing the school, the 6th respondent prepared a bye-law and produced the same before the 3rd respondent for approval. The respondents 6 to 21 also produced Ext.P5 decision taken by them on 1.12.2017 wherein it is stated that the decision to frame bye-laws was with the concurrence of all the legal heirs except the petitioner and her daughters. The 5th respondent duly intimated the petitioner of the representations submitted by the 6th respondent and others, and sought her consent. Later, the 6th respondent approached this Court and filed a writ petition seeking directions to the respondents to consider their request. By Ext.P8 judgment, this court dismissed the Writ Petition. Later, one of the daughters of the founder approached this Court and filed a review petition which was allowed by Ext.P9 order and the writ petition was restored. Later, the said writ petition was dismissed as withdrawn.

f) The petitioner contends that thereafter the 6th respondent prepared Ext.P11 constitution of ALPS, Amayur North and presented the same before the 5th respondent for approval. However, the consent of the petitioner was not obtained prior to submission of the same.

g) Immediately thereafter, the 6th respondent approached this Court and filed a writ petition seeking directions to the 3rd respondent to consider the approval of the bye-law. However, the 3rd respondent rejected the request holding that there are irreconcilable disputes between the managing committee members as regards the constitution and that the bye-law produced was not attested by the entire members.

h) The aforesaid order was challenged before this Court by filing W.P. (C) No.14502/2019 and by Ext.P13 judgment dated 16.7.2019, this Court directed reconsideration of the request made by the petitioner.

i) Pursuant to directions so issued, the 3rd respondent heard the petitioner as well as the party respondents and issued Ext.P14 order approving the constitution and the rules.

j) Consequent to the same, the 5th respondent passed Ext.P15 order appointing the 6th respondent as the Manager of the school. The aforesaid orders are under challenge in this writ petition.

3. The 6th respondent has filed a counter-affidavit. While admitting that the school was established and owned by late Sri. K.K.Nara