Educational authorities must limit their actions to frameworks set by regulations and cannot make determinations on ongoing legal disputes.

JUDGMENT

The 1st petitioner, the Parassinikkadavu High School Society, is a Society registered under Societies Registration Act. The Society runs the Parassinikadavu Higher Secondary School and High School, Parassinikkadavu. The 2nd petitioner is the Manager of the said school. This writ petition is filed challenging Exhibit P15 notice issued by the Village Officer, Anthoor, whereby directions have been issued to the petitioner herein to produce the documents, title deeds, etc., relating to the Parassinikadavu Higher Secondary School.

2. The petitioners assert that the 2nd petitioner is the approved Manager of the School, and he was appointed for a period of five years from 2019. While so, the party respondents submitted a request for a change of Manager. It appears that the parties approached this Court, and pursuant to the directions issued by this Court in Exhibit P6 judgment, the matter was considered by the DGE, and by Exhibit P8 order, the request was rejected, holding that the School was managed by an approved Manager. Being aggrieved, respondents 6 to 9 is stated to have preferred Exhibit P9 appeal before the 1st respondent.

3. The petitioners assert that all the parties were heard on

29.08.2022, as is evident from Exhibit P11; however, no orders have been passed. While so, the petitioner has been served with Exhibit 15 notice by the Village Officer calling upon them to produce certain documents.

4. Sri. Mohanakannan, the learned counsel, contends that all relevant documents were made available before the 1st respondent, and in so far as the disputes with regard to the title are concerned, the same cannot be decided by the Government or by the Education Department and reference is made to Chapter III of the Kerala Education Rules . It is urged that the Village Officer cannot embark upon a roving enquiry into the title disputes, which issue is pending before the jurisdictional civil court. According to the learned counsel, Ext.P15 notice cannot be sustained under law.

5. The learned government pleader submits that it is in terms of the directions issued by the 1st respondent that the village officer had issued Ext.P15 notice. It is for the petitioner to respond to the notice by raising tenable legal contentions. It is further submitted that if the 1st respondent wants further information, fresh notice shall be issued, and orders shall be passed only after hearing both sides. No interference is warranted at this stage at the instance of this Court, contends the learned government pleader.

6. I have considered the submissions advanced. It appears that challenging the orders passed by the 2nd respondent, respondents 6 to 9 have preferred an appeal, which is pending before the 1st respondent. Records reveal that the matter was heard on 29.08.2022, however, no orders have been passed. From Exhibit P15 notice, it appears that the Village Officer has acted in terms of the directions issued by the 1st respondent. In that view of the matter, no interference is warranted at the hands of this Court at this stage. If the petitioner has any legally tenable contentions, they can respond to Ext.P15 by raising the same. It cannot be disputed that in an exercise carried out under Chapter III of the KER , the educational authorities cannot decide disputes involving questions of law. If the 1st respondent feels that further inputs are required from either of the sides or the matter requires rehearing, nothing prevents the 1st respondent from issuing fresh notice to the parties. As the challenge mounted by the party respondents before the 2nd respondent, which resulted in Ext.P8 order, is under challenge in Ext.P9 appeal, the 1st respondent shall limit the consideration to those facts which have relevance under Chapter III of the Kerala Education Rules .

Resultantly, while declining interference, there will be a direction to the 1st respondent to finalize the appeal and pass orders within two months from the date of receipt of a copy of this j