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2025 Supreme(Online)(Ker) 34163
IN THE HIGH COURT OF KERALA AT ERNAKULAM
D. K. SINGH, J
PROF. K. P. VENUGOPALAN – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 15941 OF 2025
For the Appellants/Petitioners: SRI.S.M.PREM, SRI.H.NARAYANAN, SRI.G INDUCHUDAN, SHRI.MUHAMMED NAHAS T., SHRI.GIREESH KUMAR S., SMT.ASHITHA C.J.
For the Respondents: PREMCHAND R NAIR-SR.GP
Legal compliance for school management requires adherence to established bylaws, emphasizing regulatory approval processes.
Headnote:(A) Kerala Education Rules (KER) - Chapter III Rule 2 and Chapter V Rule 3(ix)(b)(iii) - Approval of appointment as Manager - The petitioner’s appointment was conditional for preparing a constitution for the school management and bylaws in the absence of the original scheme. Court directed the DEO to re-examine the conditions based on the original scheme presented. (Paras 1-4)
(B) Writ Jurisdiction - The court emphasized the necessity for school management to adhere to regulatory requirements to maintain organizational integrity and legal compliance. (Paras 1-4)
Facts of the case:
The petitioner sought to challenge conditions imposed on his appointment as Manager of the school due to the absence of the original bylaw. He produced the original model for the court's consideration.
Findings of Court:
The court directed the DEO to consider the original bylaw submitted by the petitioner in its decision-making process on the imposed conditions.
Issues: Examination of compliance with regulatory requirements lacked the original bylaw, which was contested by the petitioner.
Ratio Decidendi: The court upheld the necessity of reviewing established bylaws to ensure governance measures are followed for school management.
Result: Writ petition disposed of with directives.
| Table of Content |
|---|
| 1. approval of manager requires original bylaws. (Para 1 , 2 , 3) |
| 2. court directs reconsideration of conditions based on original documents. (Para 4) |
JUDGMENT The petitioner’s appointment as Manager of Keralassery High School Society (the Society registered under the Societies Registration Act, 1860), has been approved by the District Education Officer vide the order dated 09.08.2024, subject to the following conditions;
“Conditions
1. Since the original scheme (bylaw) is not available, and considering the school management is a corporate body, a constitution must be prepared for the continued functioning of the school management in accordance with Chapter III Rule 2 of the Kerala Education Rules ( KER ). This constitution must be got approved by the Deputy Director of Education within six months.
2. Upon obtaining departmental approval for the constitution, a bylaw must also be prepared and got approved by the District Education Officer, as per Chapter V Rule 3(ix)(b)(iii) of KER .
3. If the above procedures are not completed within six months, the approval granted to the Manager will be recommended for cancellation by the competent authorities.”
2.The learned counsel for the petitioner submits that the petitioner is in possession of the original scheme (bylaw), and these three conditions have been imposed on the ground that the petitioner does not possess the original bylaw of the Society.
3.The learned counsel for the petitioner submits that he will produce the original scheme (bylaw) of the Society before the District Education Officer, and the District Education Officer may be directed to re-examine the three conditions, considering the original scheme (bylaw) of the Society.
4.Considering the aforesaid submissions, the present writ petition is disposed of, with directions to the DEO to consider the original scheme (bylaw) of the Society, if the same are produced within a period of fifteen days from today and then decide whether the three conditions in Ext.P8 order are required or not.
