IN THE HIGH COURT OF KERALA AT ERNAKULAM
V. G. ARUN, J
KRISHNADAS.M.M – Appellant
Versus
STATE OF KERALA – Respondent
JUDGMENT
The petitioner is aggrieved by the 4th respondent’s refusal to accept his application for change of management of the K.E.M.A.L.P. School, Kazhani, the ownership of which was obtained by the petitioner from his father.
2. Learned counsel for the petitioner contends that the application is only routed through the 4th respondent and it is for the Director to take a decision whether to grant or reject the request for approval.
3. Learned Government Pleader contends that as per Chapter III Rule 5A of Kerala Education Rules (K.E.R.), change of management involving change of ownership requires prior approval from the Director. Hence, only after the petitioner obtains prior approval for change of ownership, his application for approval as Manager can be considered.
4. Considering the limited relief sought, this Court is not delving into the contentions based on the provisions of the K.E.R. There is merit in the submission of the learned counsel for the petitioner that when an application is routed through proper channel, it should reach its destination and cannot be rejected by the officer at the entry level.
The writ petition is accordingly disposed of by directing the 4th respon
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