Remanded

The Manager, v. the State of Kerala

Kerala HC12 Jan 2021WP(C)/28052/2020

Case brief

AI extract

What is this about?

The Court held that disputes regarding the management and ownership of the Velom M.D.L.P. School fall within the jurisdiction of the Director General of Education. Writ petitions challenging the Assistant Educational Officer's orders and seeking transfer of management were remanded to DGE for hearing and decision within two months.

What did the court decide?

The matter remanded to the Director General of Education to hear all interested parties and pass appropriate orders within two months regarding the school's management and ownership.

The Manager, Vs the State of Kerala — Education and Admissions | 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 MRS. JUSTICE ANU SIVARAMAN

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TUESDAY, THE 12TH DAY OF JANUARY 2021 / 22TH POUSHA, 1942

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WP(C).No.22965 OF 2019(U)

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PETITIONER:

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K.P.KUNJABDULLA, AGED 59 YEARS, S/O. ANTHRU HAJI, RESIDING AT KUNJIPEEDIKAYIL, VADAKARA TALUK, VILLIAPPALLY AMSOM, KOZHIKODE.

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BY ADV. SRI.B.KRISHNA MANI

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RESPONDENTS:

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1 THE DIRECTOR OF PUBLIC INSTURCTION, THIRUVANANTHAPURAM - 695 001.

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2 THE DISTRICT EDUCATIONAL OFFICER, KOZHIKODE - 673 001.

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3 THE ASSISTANT EDUCATIONAL OFFICER, KUNNUMMAL POST, MOKERI, KOZHIKODE DISTRICT - 673 507.

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4 KHADEESHA,

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D/O. AHAMMED HAJI, AYADATHIL, VADAKARA TALUK, VILLIAPPALLY AMSOM, KOZHIKODE - 673 542.

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5 RAZAK, THE HEAD MASTER, VELOM M.D. L.P. SCHOOL, SANTHI NAGAR, KUTTYADI, KOZHIKODE DISTRICT - 673 508.

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R1-3 BY GOVERNMENT PLEADER

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R4-5 BY ADV. SRI.V.A.MUHAMMED R4-5 BY ADV. SRI.M.SAJJAD

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.01.2021, ALONG WITH WP(C).28052/2020(F), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C). Nos.22965/2019 &28052/2020 -2-

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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TUESDAY, THE 12TH DAY OF JANUARY 2021 / 22TH POUSHA, 1942

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WP(C).No.28052 OF 2020(F)

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PETITIONER:

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THE MANAGER, VELOM MDLP SCHOOL, VELOM, VIA KUTTIADI, KOZHIKODE DISTRICT-673 508.

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BY ADVS. SRI.V.A.MUHAMMED SRI.M.SAJJAD

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RESPONDENTS:

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1 THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE-II, THIRUVANANTHAPURAM-695 001.

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2 THE DIRECTOR OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM-695 014.

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3 THE ASSISTANT EDUCATION OFFICER, KUNNUMMAL, MOKERI, KOZHIKODE DISTRICT-670 692.

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4 SRI.K.P.KUNJABDULLA, PARADISE VILLA, URUDIMUKKU, KARAYADU P.O., KOZHIKODE DISTRICT-673 524.

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OTHER PRESENT:

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SR.GP - NISHA BOSE

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.01.2021, ALONG WITH WP(C).22965/2019(U), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C). Nos.22965/2019 &28052/2020 -3-

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JUDGMENT

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[ WP(C).22965/2019, WP(C).28052/2020 ] Dated this the 12th day of January 2021

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The dispute raised in these writ petitions is with regard to the right of management of the Velom M.D.L.P. School in Kozhikkode District. W.P.(C). No.22965 of 2019 is filed challenging Ext.P5 order of the Assistant Educational Officer approving the cancellation of the appointment of the petitioner in the said writ petition Sri.K.P.Kunjabdulla Haji as the correspondent Manager of the School. W.P.(C) No.28052 of 2020 is filed by the approved Manager, Smt.Kadeesa, against the action of the 3^rd respondent in returning the application submitted by the petitioner for change of management involving change of ownership. The declarations also sought for that the petitioner in W.P.(C) No.22965 of 2019 has no right over the School or its Management.

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WP(C). Nos.22965/2019 &28052/2020 -4-

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Having considered the contentions advanced on either side, I am of the opinion that the issue with regard to the managership of the School is liable to be decided by the Director General of Education(DGE), so that the issues can be given a quietus to. The petitioner in W.P.(C) No.22965 of 2019, who is aggrieved by the order of the Assistant Educational Officer, shall approach the DGE with an appropriate representation. The 3^rd respondent in W.P. (C) No.28052 of 2020 shall also accept the application submitted by the petitioner therein for change of managership involving change of ownership and shall forward the same to the DGE for consideration. The DGE shall take up both the applications preferred by the petitioner in W.P.(C) No.28052 of 2020 as well as the objection preferred by the petitioner in W.P.(C) No.22965 of 2019 hear the parties and any other party, who according to the DGE, is liable to be heard in the matter and shall take an appropriate decision after hearing all concerns. Appropriate orders shall be passed within a

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WP(C). Nos.22965/2019 &28052/2020 -5-

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period of two months from the date of receipt of a copy of this judgment. It is made clear that the hearing can be conducted by any appropriate means including through video conference.

Sd/-

ANU SIVARAMAN

JUDGE

WP(C). Nos.22965/2019 &28052/2020 -6-

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APPENDIX OF WP(C) 22965/2019

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE PROCEEDINGS DATED 25/04/2011 ISSUED BY THE ASSISTANT EDUCATIONAL OFFICER.

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EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED 03/04/2013 IN WP(C) NO.12508/2012 BEFORE THE HON'BLE HIGH COURT OF KERALA, ERNAKULAM.

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EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 29/07/2019 BEFORE THE DISTRICT EDUCATIONAL OFFICER.

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EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 30/07/2019 BEFORE THE DISTRICT EDUCATIONAL OFFICER.

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EXHIBIT P5 TRUE COPY OF THE ORDER DATED 08/09/2017 FROM THE PUBLIC INFORMATION OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, KUNNUMMAL.

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WP(C). Nos.22965/2019 &28052/2020 -7-

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APPENDIX OF WP(C) 28052/2020

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE PROPERTY VIDE NO 24.9.2019	TAX RECEIPT OF THE SCHOOL KL1103130701/2019 DATED
EXHIBIT P1 (A)	TRUE COPY OF THE K.DIS NO 8227/92/	ORDER OF THE AEO VIDE NO F DATED 11.2.1993
EXHIBIT P2	TRUE COPY OF THE PETITIONER DATED	PROCEEDINGS OF THE 10.2.2011
EXHIBIT P3	TRUE COPY OF THE THE DE KOZHIKODE EDUCATIONAL OFFIC	COVERING LETTER ADDRESSING 9THORUGH ASSISTANT ER ) DATED 10.2.2011
EXHIBIT P4	TRUE COPY OF DECL RESPONDENT DATED	ARATION OF THE 4TH 10.2.2011
EXHIBIT P5	TRUE COPY OF THE F-713/11/L.DIS DI	ORDER OF THE AEO VIDE NO S DATED 25.4.2011
EXHIBIT P6	TRUE COPY OF THE C315364 DATED 25.	DIVORCE DEED VIDE NO 4.2016
EXHIBIT P7	TRUE COPY OF THE PETITIONER AND 4T 2.7.2016	AGREEMENT BETWEEN H RESPONDENT DATED
EXHIBIT P8	TRUE COPY OF THE KUNNUMMAL VIDE NO 8.9.2017	ORDER OF THE AEO, F02560/2017/L.DIS DATED
EXHIBIT P9	TRUE COPY OF THE MANAGMENT INVOLVI A SCHOOL SUBMITTE	APPLICATION FOR CHANGE OF NG CHANGE OF OWNERSHIP OF D BY THE PETITONER
EXHIBIT P9 (A)	TRUE COPY OF THE THE DIRECTOR OF G 4.7.2020	COVERING LETTER ADDRESSING ENERAL EDUCATION DATED
EXHIBIT P10	TRUE COPY OF THE A.K.BALAKRISHNAN 18.9.2020	LEGAL NOTICE FORM ADV TO AEO, KUNNUMMAL DATED

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WP(C). Nos.22965/2019 &28052/2020 -8-

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EXHIBIT P11	TRUE COPY OF THE LETTER DATED 5.10.2020 ADDRESSING THE AEO KUNNUMMAL
EXHIBIT P12	TRUE COPY OF THE LETTER DATED 7.10.2020 ADDRESSING THE MANAGER BY THE ASSISTANT EDUCATIONAL OFFICER
EXHIBIT P13	TRUE COPY OF THE ADVERTISEMENT PUBLISHED IN JANMABHUMI KOZHIKODE EDITION DATED 25.9.2020
EXHIBIT P14	TRUE COPY OF THE ADVERTISEMENT PUBLISHED IN LAMAYALA MANORAMA KOZHIKODE EDITION DATED 30.9.2020

The Manager, v. the State of Kerala

Case brief

What is this about?

What did the court decide?

The Manager, v. the State of Kerala

Case brief

What is this about?

What did the court decide?

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