Allowed

K.J.Agith v. the Secretary

Kerala HC25 Oct 2021WA/1284/2021

Case brief

AI extract

What is this about?

Appeal against an interim order provisionally approving a School Manager under unapproved bye-laws. Bench allowed appeal, modified order to direct DEO to function as Manager, and remanded for disposal on merits to avoid procedural impermissibility of granting final relief via interim order.

What did the court decide?

Impugned interim order modified; DEO directed to function as Manager; matter remanded to Single Judge for disposal on merits.

K.J.Agith Vs the Secretary — Service and Employment | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR

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THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

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MONDAY, THE 25^TH DAY OF OCTOBER 2021/3RD KARTHIKA, 1943

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W.A.NO.1284 OF 2021

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AGAINST THE ORDER DATED 20.09.2021 IN W.P(C).NO.18138/2021 OF HIGH COURT OF KERALA, ERNAKULAM

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APPELLANT/4TH RESPONDENT:

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K.J.AGITH

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AGED 51 YEARS

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S/O.JAYADEVAN, KALAPURAKKAL VEEDU, NEELESWARAM, ERNAKULAM DISTRICT – 683 574.

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BY ADV SRI.K.R.PRATHISH

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RESPONDENTS/PETITIONERS AND RESPONDENT 1 TO 3:

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1 SREENARAYANA DHARMA PARIPALANA YOGAM, BR NO.862, NEELESWARAM WEST, POST NEELESWARAN, ERNAKULAM DISTRICT-683574, REPRESENTED BY ITS SECRETARY IN CHARGE, SAJEEV P.B., AGED 57,

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S/O BALAKRISHNAN, PULIKKAL HOUSE, MANIKKAMANGALAM P.O, KALADY, ERNAKULAM-683574.

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2 VIJI K.B. AGED 50 YEARS, S/O.BHASKARAN, KARIKOTH HOUSE, P.O. MANIKKAMANGALAM, ERNAKULAM DISTRICT - 683574.

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3 STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM-695001.

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4 THE DISTRICT EDUCATIONAL OFFICER ALUVA, ERNAKULAM DISRTICT-683001.

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W.A.No.1284/2021 :: 2 ::

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5 REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION, EDAPPALLY, ERNAKULAM DISTRICT-682021.

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BY SRI.PREMCHAND R. NAIR, SR. GOVT. PLEADER BY ADV SRI.R.K.MURALEEDHARAN

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THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 25.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.A.No.1284/2021 :: 3 ::

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J U D G M E N T

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A.K. Jayasankaran Nambiar, J.

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The 4^th respondent in W.P.(C).No.18138/2021 is the appellant herein, aggrieved by the interim order dated 20.09.2021 of a learned Single Judge.

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The brief facts necessary for disposal of this appeal are as follows:

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The Sree Narayana Dharma Paripalana Yogam [hereinafter referred to as the “Yogam”], Branch No.862, Neeleswaram West, together with one Sri.Viji K.B. were the petitioners in the writ petition before the learned Single Judge, seeking a direction to the District Educational Officer [DEO], Aluva, to approve the appointment of Viji K.B. as the Manager of the School. In the writ petition, it was the case of the petitioners that the earlier bye-law of the Yogam dated 10.3.1972 had received the approval of the Deputy Director of Education for the purposes of the Kerala Education Act and Rules, but the said bye-law came to be replaced by a new

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W.A.No.1284/2021 :: 4 ::

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bye-law with effect from 14.7.2019, and even as per the new bye-law, Sri.Viji K.B. came to be appointed as the Manager of the School. When the appointment of Viji K.B. as Manager was sent for approval before the Educational authorities, Ext.P5 communication was issued from the Office of the DEO, Aluva calling for the Minutes of the meeting by which Sri.Viji K.B. was appointed as the Manager of the School in terms of the new bye-law. Seeing that he was not in possession of the Minutes of the meeting that recognized him as the Manager of the School under the provisions of the new bye-law, he approached this Court seeking a prayer to quash the said communication and a consequential direction to approve his appointment as the Manager of the School.

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The learned Single Judge, who considered the matter as also the prayer for interim relief, found that there was a dispute between rival factions with regard to the management of the School, and although the new bye-law of the Yogam had not received the approval of the educational authorities, it was necessary, in order to avoid a stalemate, that a direction be issued to the DEO to provisionally approve Sri.Viji K.B. as the Manager of the SNDP Higher Secondary School, Neeleswaram, pending disposal of the writ petition.

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W.A.No.1284/2021 :: 5 ::

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In the appeal before us, it is the contention of the appellant [the 4^th respondent in the writ petition] that inasmuch as the new bye-law of the Yogam had not received the approval of the educational authorities, even if it was accepted that Viji K.B. was elected as the Manager of the School, the said appointment could not be approved by the educational authorities because the new bye-law itself had not received the approval of the Deputy Director of Education as required under the Kerala Education Rules.

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On a consideration of the said submission of the learned counsel for the appellant, we find force in the same since the appointment of a Manager in respect of a School under a corporate educational agency has to be preceded by the approval of the bye-laws of the educational agency by the Deputy Director of Education. It is only if the appointment of a person as Manager is in accordance with the approved bye-laws of the educational agency that the educational authorities can approve the appointment of the Manager. In the instant case, although the provisions of the earlier bye-law and the subsequent bye-law may be substantially similar, the fact remains that it was only the earlier bye-law of 1972 that had received the approval of the Deputy Director in terms of the Kerala Education Rules. Inasmuch as the subsequent bye-law that replaced the earlier bye-law did not receive the said approval, the

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W.A.No.1284/2021 :: 6 ::

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appointment of the Manager in terms of such unapproved bye-law cannot be approved under the KER. Under the said circumstances, and in view of the subsisting dispute between the parties regarding the management of the School, we are of the view that the stalemate projected by the writ petitioners can be avoided by directing the DEO, Aluva to function as the Manager of the School in question, in the interregnum, and pending final disposal of the writ petition before the learned Single Judge. We do so. The learned counsel for the appellant also has no objection to the said arrangement. Through the interim relief granted in the writ petition by the impugned order, the learned Judge has virtually granted the final relief prayed for in the writ petition, which is impermissible under the law. We therefore allow the writ appeal by modifying the impugned interim order as above, and remit the matter back to the learned Single Judge for disposal of the writ petition on merits.

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Sd/-

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A.K.JAYASANKARAN NAMBIAR JUDGE

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Sd/MOHAMMED NIAS C.P. JUDGE

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prp/25/10/21

K.J.Agith v. the Secretary

Case brief

What is this about?

What did the court decide?

K.J.Agith v. the Secretary

Case brief

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