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IN THE HIGH COURT OF KERALA AT ERNAKULAM
HARISANKAR V. MENON, J
THE MANAGER (SREEKUMAR K) VISWABHARATHI MODEL HIGHER SECONDARY SCHOOL – Appellant
Versus
THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT – Respondent
| Table of Content |
|---|
| 1. connected petitions on succeeding manager liability for prior faults. (Para 1 , 2 , 3) |
| 2. challenge to recovery against subsequent managers. (Para 4 , 5 , 6 , 7) |
| 3. rule 7 chapter iii limits recovery to erring manager only. (Para 8 , 9) |
| 4. precedents protect successors; petitions allowed. (Para 10 , 11 , 12 , 13) |
JUDGMENT
[WP(C) No.20042/2023, RP No. 566/2020]
This writ petition and the review petition are connected. The issue arising for consideration in these cases is as regards the liability of the succeeding Manager of an educational institution for the fault of the previous Manager.
2. The petitioner in W.P.(C) No.27778 of 2010 sought an appointment to the post of HSA (Hindi) in the school managed by the 4th respondent in that writ petition with effect from 5.6.2000 onwards. However, the 4th respondent in the writ petition refused to grant the appointment as above. The issue was raised before this Court by filing the aforesaid writ petition. By the judgment dated 28.2.2017, the learned Single Judge of this Court considered the issue in extenso and ultimately found as under:
“19. Indisputably, the situation faced by Ananthakumari has been brought about by the manage
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