In a dispute regarding the management of a private school, the High Court directed the Director of General Education to consider the petitioner's appeal on a hearing before the manager and pass orders expeditiously.
Direction to the 2nd respondent to consider the appeal and pass orders after affording an opportunity of being heard within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WP(C) NO. 16334 OF 2021 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
WEDNESDAY, THE 15TH DAY OF SEPTEMBER 2021 / 24TH BHADRA, 1943 WP(C) NO. 16334 OF 2021
PETITIONER/S:
P.M.GANGADHARAN AGED 70 YEARS S/O. P.M.ANANDAN NAMBIAR, PUTHIYA VEEDU, KAMMANA P.O., NALOORNADU VILLAGE, MANANTHAVADI TALUK-670645.
BY ADVS. T.T.MUHAMOOD V.E.ABDUL GAFOOR A.MOHAMMED SAVAD T.R.VISHNU
RESPONDENT/S:
BY ADVS. BIJU ABRAHAM B.G.BHASKAR
SMT NISHA BOSE SR GP
WP(C) NO. 16334 OF 2021
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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner states that Sri. Nambra @Moopil Nambiar had established Navodaya LP School, Kammana in the year 1951. The management of the school was entrusted with Sri. Krishnan Nambiar, the brother of Moopil Nambiar. After the death of Krishnan Nambiar, the 4th respondent, who is his son assumed charge as Manager. The petitioner contends that after the death of Moopil Nambiar, his legal heirs became the owners of the property and are the educational agency as far as the school is concerned.
“i) issue a writ of mandamus or any other appropriate writ, order or direction, commanding the respondents 1 to 3 to approve the appointment of the petitioner as Manager of Navodaya LP School, Kammana, Mananthavadi.
ii) a writ of mandamus or any other appropriate writ order or
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direction, declaring that the 4th respondent is ineligible and disentitled to continue as manager of Navodaya LP School, Kammana, Mananthavadi.
iii) a writ of mandamus or any other appropriate writ, order or direction, directing the 2nd respondent to consider and pass orders on Ext.P3 within the time frame stipulated by this Hon’ble Court.
iv) a writ of mandamus or any other appropriate writ, order or direction, restraining the 4th respondent from making appointment against the vacancy of teaching and nonteaching staff in Navodaya LP School, Kammana, Mananthavadi without obtaining written consent from the petitioner.”
4. I have heard the learned Government Pleader.
a) There will be a direction to the 2nd respondent to take up, consider and pass appropriate orders on Ext.P3, after affording an opportunity of being heard, either physically or virtually, to the petitioner herein or his authorised representative as well as the 4th respondent.
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b) Orders, as directed above, shall be passed expeditiously, in any event, within a period of three months from the date of production of a copy of this judgment.
This writ petition is disposed of.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
DSV
WP(C) NO. 16334 OF 2021 6
APPENDIX OF WP(C) 16334/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF APPLICATION SUBMITTED BY THE PETITIONER AND OTHER MEMBERS OF THE EDUCATIONAL AGENCY BEFORE THE 3RD RESPONDENT.
Exhibit P2 TRUE COPY OF LR.NO.D/3269/2020 DATED 23.9.2020 ISSUED BY THE 4TH RESPONDENT.
Exhibit P3 TRUE COPY OF APPEAL MEMORANDUM SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT ON 16.6.2021.
RESPONDENTS EXHIBITS:NIL
1 issue framed by the court
Whether the petitioner should be afforded an opportunity of being heard before the appeal on his removal as manager is disposed of?
P.M. Gangadharan
The State of Kerala
The Director of General Education
The Assistant Educational Officer
N.T. Anandan Nair
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
