The court ruled that the District Educational Officer's approval of a Manager's appointment without considering the relevant injunction order was flawed, leading to the need for reconsideration.

JUDGMENT

The challenge in these writ petitions is against the order of the District Educational Officer dated 09.06.2025 and the consequential communication issued on the same day. By the impugned order, the appointment of Shri.Nikhil S.N as Manager of Olathanni VHSS was approved with effect from 15.03.2025 in accordance with Sub clause (2) of Chapter III of Rule 5 of the Kerala Education Rules ('the KER' for short). The essential facts are detailed below with the parties and documents referred as in W.P.(C).No.21624 of 2025.

2. The Lazar Nadar Educational and Research Foundation ('the Trust' for short), a public trust, was constituted by the petitioner, his father Daivadanam, mother Gomathy, wife Praveeja, brother Sunil and the spouses of his brothers, Sherly and Nisha and the petitioner was appointed as the Manager of the schools w.e.f. 30.10.2006. Later, there arose disputes among the trustees, leading to litigations before the High Court as well as the civil court. One among the cases is O.S.No.580 of 2021 filed by the petitioner challenging the notice to convene the board meeting of the Trust issued by three of its members. Pending that suit, the members opposing the petitioner convened a meeting on 15.03.2025 and decided to appoint the 3^rd respondent as the Manager of the Schools. The petitioner challenged that decision by filing O.S.No.379 of 2025. Therein, Ext.P11 injunction order was passed by the Principal Munsiff, Neyyattinkara restraining the defendants from taking action based on the meeting held on 15.03.2025, and the 3^rd respondent from acting as the Manager of the schools under the Trust till 21.05.2025. While matters stood thus, Ext.P17 was passed by the District Educational Officer, Neyyattinkara/2^nd respondent, approving the appointment of the 3^rd respondent as the Manager of the school w.e.f. 15.03.2025.

3. Heard Senior Advocates E.K.Nandakumar and George Poonthottam for the petitioner, Advocates M.Gopikrishnan Nambiar, Sanel Cherian and P.C.Sasidharan for the party respondents and Government Pleaders Appu P.S and Dheeraj A.J. for the State.

4. Learned Senior Counsel appearing for the petitioner submitted that the impugned order is passed on the premise that, Section 33 of the Kerala Education Act , interdicts civil courts from granting temporary injunction or issuing interim orders restraining proceedings which are about to be taken under the Act. It is contended that the competent civil court having passed Ext.P11 injunction order, the 2^nd respondent could not have approved the appointment of the 3^rd respondent. It is then contended that Ext.P17 order is bad for non- consideration of relevant materials, including the 13 documents referred in the order.

5. Learned counsel for the party respondents contended that the writ petition is liable to be dismissed for wilful submission of facts. It is pointed out that as on 09.06.2025, the date on which Ext.P17 order was passed, the injunction order was not in force. The order originally granted was in force only till 24.05.2025 and thereafter, the learned Munsiff refused to revive and extend the injunction order instead, the parties were directed status quo vide order dated 03.06.2025. The 3^rd respondent having taken charge as Manager by the time the suit was filed and injunction order obtained, the status quo permitted the 3^rd respondent to continue in that post. It is submitted that the interlocutory application seeking injunction itself was dismissed after detailed consideration as per order dated 10.05.2025. It is the contention of the learned counsel that, insofar as the petitioners have an efficacious alternative remedy under the KER itself, the writ petition is liable to be dismissed on that ground.

6. The challenge against the impugned order on the ground that it was passed in contravention of the injunction order is not sustainable as the injunction order was not in force on 09.06.2025, the date on which