Consideration of Manager approval in line with bye-laws and educational authority approval.

J U D G M E N T

The petitioner submits that he was unanimously elected on

19.01.2020 as the President of the Keralassery High School Society, and in terms of the bye-laws of the society, the President of the society shall be the Manager of the aided school. Pursuant to the said election, the petitioner claims to have filed an application on 27.01.2020 to approve him as the Manager of the school, with effect from 30.01.2020. The petitioner points out that the previous Manager passed away on 30.05.2020. The District Education OfÏcer rejected the proposal for approval of the appointment of the petitioner as the Manager vide Ext.P2 order dated 13.01.2021. The reason given for the rejection is the non-production of bye-laws. Though the petitioner had filed an appeal before the Deputy Director of Education, the same was rejected on the ground that the issue in the instant case, being the approval of a Manager, lies only before the Director. The petitioner, in the above circumstances, filed this writ petition, praying for quashing Exts.P2 and P4 and also for a direction before the 4th respondent DEO to consider afresh the application seeking approval of the petitioner as the Manager. Two sets of impleading applications have been filed in this case.

2. Heard the learned counsel for the petitioner and the learned Government Pleader.

3. The learned counsel for the petitioner submitted that those who got impleaded had nothing to do with the educational agency, and the 2nd petitioner in IA 1 of 2023, namely Sri. C.S. Sankaran is working as a non-teaching staff and therefore, is disabled from managing the educational agency, going by the provisions of Rule 8 of Chapter III of KER .

4. The learned Government Pleader has pointed out from the counter afÏdavit filed that the Deputy Director of Education had intimated to the Director General of Education that the petitioner had given a list of nine persons who participated in the meeting and elected him as Manager. It is also stated that five persons supported the petitioner. On inquiry, it was found that no other persons participated in the meeting. A further decision was not taken because of the pendency of this writ petition.

5. It is seen that the earlier Manager was approved on the basis of the bye-laws of the society. Since the same was approved by the Educational authority, a copy must be available in the ofÏce of DEO. The DEO can take a decision on the question of approval of the appointment of the Manager after issuing notice to those who participated in the election, in case the same has to be verified. The 4th respondent DEO has to consider whether those who impleaded themselves in the case have anything to do with the affairs of the educational agency as only those having any connection with the affairs of the educational agency need to be heard. The DEO will not hear any person who has a disability in terms of Rule 8 of Chapter III KER . A decision as directed above shall be taken within a period of one month, with notice to the petitioner and to the respondents, in the light of the observations made above and in accordance with law. It will be open to the parties to place such documents to substantiate their contentions before the 4th respondent, which will be adverted to before taking a decision as directed above.

The writ petition is disposed of as above.

Sd/-

MOHAMMED NIAS C.P., JUDGE LU APPENDIX OF WP(C) 24225/2022 PETITIONER EXHIBITS :

EXHIBIT P1 TRUE COPY OF ORDER NO.

K .DIS./B1/595/2017 DATED 25-03-2017 ISSUED BY THE 4TH RESPONDENT - DEO APPROVING SRI. A. VASUDEVANUNNI AS MANAGER OF HSS ER ALASSERY FOR THE PERIOD FROM 30-01-2017 TO 29-01-2020 AS PER RULE 4 IN CHAPTER III OF ER EXHIBIT P2 TRUE COPY OF ORDER NO.

B1/752/2020/ K .DIS. DATED 13-01-2021 ISSUED BY THE 4TH RESPONDENT - DEO.

EXHIBIT P3 TRUE COPY OF ORDER NO.B4/7783/2021/ K .DIS. DATED 10-02-2022 ISSUED BY THE 3RD RESPONDENT - DDE.

EXHIBIT P4 TRUE COPY OF THE JUDGMENT IN GANGADHARAN MOOSAD V. DISTRICT EDUCATIONAL OFFICE