Dismissed

N.R.Rajan, v. the State of Kerala

Kerala HC10 Jul 2024WP(C)/19843/2021

Case brief

AI extract

What is this about?

Dispute over managership of a higher secondary school between a former approved Manager and K.C.Sasikumar appointed by an ad hoc committee. The Government rejected the petitioner's revision petition. The single Judge found no illegality in the rejection, noting prior Division Bench directions allowing Sasikumar to continue, and dismissed the writ petition.

What the court decided

AI extract

N.R.Rajan, Vs the State of Kerala — Education and Admissions | Kerala HC (2024)

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WPC 19843/2021

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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 BASANT BALAJI

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WEDNESDAY, THE 10TH DAY OF JULY 2024 / 19TH ASHADHA, 1946

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WP(C) NO. 19843 OF 2021

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PETITIONER/S:

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N.R.RAJAN, AGED 63 YEARS S/O. RAMAKRISHNAN NAIR, RESIDING AT
NIRAVATH HOUSE, AIRAPURAM KARA, ERNAKULAM DISTRICT 683 541, FORMER
MANAGER, VALAYANCHIRANGARA NSS HIGHER SECONDARY SCHOOL,
VALAYANCHIRANGARA, PERUMBAVOOR.

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BY ADVS. R.RAJASEKHARAN PILLAI, SABINA JAYAN

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RESPONDENT/S:

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1THE STATE OF KERALA REPRESENTED BY THE SECRETARY, GENERAL EDUCATION
DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM 695 001.

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2 THE DIRECTOR, GENERAL EDUCATION DEPARTMENT, HIGHER SECONDARY WING, HOUSING BOARD BUILDING, SHANTI NAGAR, THIRUVANANTHAPURAM 695 001.

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3 DISTRICT EDUCATIONAL OFFICER, 5TH FLOOR, REVENUE TOWER, NEAR PRIVATE BUS STAND, KOTHAMANGALAM 686 691.

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4 THE MANAGER, VALAYANCHIRANGARA NSS HIGHER SECONDARY SCHOOL, VALAYANCHIRANGARA, PERUMBAVOOR ERNAKULAM DISTRICT 683 556.

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BY SHRI.V.VIJULAL FOR R4

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OTHER PRESENT:

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SR GP SRI. BIMAL .K NATH

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.9.2021, THE COURT ON 10.7.2024 DELIVERED THE FOLLOWING :

WPC 19843/2021

JUDGMENT

(Dated this the 10^th day of July 2024)

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The petitioner was appointed as the Manager of the 4th respondent, Valayanchirangara NSS Higher Secondary School, for 3 years from 26.5.2017 to 25.5.2020. It was approved as per Ext.P2. While so, some of the rival factions addressed the 2^nd respondent that they had appointed one K.C.Sasikumar as the Manager and requested to remove the petitioner from the post. The said request was declined by Ext.P3 order dated 17.11.2019. Later, an ad hoc committee requested the 3^rd respondent to approve Shri.Sasikumar as the Manager of the school, which was also declined by Ext.P4 proceedings of the 3^rd respondent dated 8.7.2020. Challenging Ext.P4 Shri. Sasikumar approached the 2^nd respondent and hearing the petitioner as well as Shri. Sasikumar and the NSS Karayogam passed Ext.P5 on 5.11.2020, allowing the appeal and

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WPC 19843/2021

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Shri. Sasikumar was appointed as the Manager with effect from

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15.6.2020 for a period of 6 months. The petitioner filed a revision petition before the 1^st respondent and sought a stay of Ext.P5. The petitioner also approached this court by filing W.P.(C) No.24250 of 2020, and this court, by judgment dated 16.11.2020, directed the Government to take up the statutory revision filed by the petitioner and to dispose of the same within a period of one month and directed to maintain status quo as on the date with respect to the post of Manager.

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2 . Ext.P6 was suo motu reviewed by the learned Judge, who passed the same. By Ext.P7 order dated 3.12.2020, the status quo order was modified, and the District Educational Officer (DEO) was directed to officiate as the School Manager until the Government disposes the Revision Petition. The petitioner filed a Writ Appeal against Ext.P7 order and a Division Bench of this court set aside the order dated 3.12.2020

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WPC 19843/2021

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and permitted Shri.Sasikumar to continue as the Manger until the Government takes a final decision in the Revision Petition.

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It was also made clear that the Management shall not take any

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appointments until the Government takes a final decision.

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On the strength of the DEO’s order declining approval of Shri.Sasikumar and the operation of clause 11 of by law, the petitioner continued as the manager of the school, and he appointed one Shri.Mani Raj T.R. as the Lab Assistant in the school with effect from 20.10.2020. But the 4^th respondent removed the said Mani Raj and appointed another person, namely Susobh.H. However, it was subsequently cancelled by the Manager himself on 2.8.2021 as the Division Bench has made it clear that the management shall not make any appointments. After hearing all the parties, Ext.P11 order was passed on 6.9.2021 rejecting the Revision Petition. Therefore, the petitioner has approached this court to quash Ext.P11 to the

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WPC 19843/2021

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extent that it does not approve the petitioner as the Manager of the school for the period between Ext.P4 and P5.

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A counter Affidavit is filed by the 4^th respondent, contending that as per Ext.P1 by law, the Administrative Committee of Karayogam is elected by the General Body of Karayogam once every 3 years. Separate Managing Committees consisting of 5 members each are constituted, and a Manager is elected from the Managing Committee. Though the petitioner became the Manager of the School, he has been functioning against the provisions of Kerala Education Rules and the by-law of the School. There was rampant corruption, mismanagement and maladministration and the petitioner had made 5 appointments in the school for the academic year 20192020 against the provisions in Kerala Education Rules. The appointments were made on leave vacancies as well as to additional division vacancies to certain non-existent ones. In

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WPC 19843/2021

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such circumstances, the Managing Committee of the school approached the 2^nd respondent, Director of General Education seeking to declare that the petitioner was unfit to hold the post as the Manager, but the 2^nd respondent rejected the request of the Managing Committee on the sole ground that the Educational Agency has not requested for change of the Manager. The General Body of the Karayogam held on 3.11.2019, removed the petitioner from the post of the Manager as per clause 9 of Ext.P1 by law.

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The petitioner approached the Munsiff Court, Perumbavoor, by filing O.S. No.438 of 2019 for a permanent prohibitory injunction restraining the Administrative Committee members of the Karayogam from causing obstruction to the petitioner from functioning as the Manager of the school. I.A. Nos.2273 of 2019 and 1 of 2020 were filed for a temporary injunction restraining the Administrative

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Committee of the Karayogam from causing obstruction to the petitioner from functioning as the Manager of the school till the disposal of the suit. The Munsiff Court, by order dated 10.6.2020, dismissed both the IAs. Even though the petitioner challenged the order of the Munsiff Court by filing C.M.A.Nos.10 of 2020 and 13 of 2020 before the Sub Court Perumbavoor, the same were also dismissed by judgment dated 10.7.2020. Aggrieved by the judgment in CMAs, O.P.(C) No.1152 of 2020 is filed before this court, and the same is pending.

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When the term of the elected committee of Karayogam expired on 6.5.2020, the election could not be conducted due to the COVID-19 pandemic and the Registrar of N.S.S. Karayogam, by invoking the powers of Clause 55 of the Karayogam bylaw, had taken over the administration of the Karayogam as well as its institution by appointing an ad-hoc

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WPC 19843/2021

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committee by order dated 15.6.2020. Thereafter, the Registrar appointed a 3 member committee for the affairs of the Higher Secondary School by proceedings dated 15.6.2020, which is marked Ext.R4(e). The Educational Agency appointed the Shri.Sasikumar is the Manager of the School, and he has already assumed the office. The petitioner was removed from the primary membership of the Karayogam by the general body on 2.2.2020. The removal was approved by the Registrar of NSS Karayogam through Ext.R4(f). Aggrieved by the rejection in Ext.P4, an appeal was filed before the 2^nd respondent and by Ext.P5, the 2^nd respondent allowed the appeal and Shri.Sasikumar was appointed as the Manager temporarily for a period of 6 months from 15.6.2020. Thereafter, the petitioner approached this court by filing W.P.(C) No.24250 of 2020 and W.A. No.39 of 2021.

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This court permitted Shri.Sasikumar to continue as the

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Manager until the Government takes a final decision. The appointment of Shri.Sasikumar was upheld by this court. The appointment of Shri.Sasikumar, as the Manager with effect from 15.6.2020 for a period of 6 months, was approved by the 3^rd respondent by Ext.R4(g) order dated 15.11.2021. Therefore, prayed for dismissal of the Writ Petition.

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A counter affidavit is also filed by the 3^rd respondent stating that the petitioner was appointed as the Manager of the School from 26.5.2017 to 25.5.2020, and the 3^rd respondent approved the same as per order dated 3.8.2017. A complaint by 3 members of the School Management Committee was filed against the petitioner before the 2^nd respondent, but it was rejected, by order dated 17.11.2019. The request of the ad hoc committee is to approve the appointment of Shri.Sasikumar was also rejected by an order dated 8.7.2020.

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WPC 19843/2021

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Heard Sri R.Rajasekharan Pillai for the petitioner, the

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Senior Government Pleader Shri.Bimal K.Nath and

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Shri.Vijulal for the 4^th respondent.

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The petitioner was appointed as the Manager of the Higher Secondary School, which was approved for the period from 26.5.2017 to 25.5.2020. It is also not in dispute that a person by name Shri.Sasikumar was appointed as the Manager of the School and sought approval, but it was rejected by Ext.Nos.P3 and P4, dated 17.11.2019 and 8.7.2020, respectively. Against the rejection of the approval of Shri.Sasikumar as the Manager, he approached the 2nd respondent and by Ext.P5 order dated 5.11.2020, the appeal filed by Shri.Sasikumar was allowed, and he was appointed as Manager temporarily for a period of 6 months with effect from 15.6.2020. The petitioner challenged Ext.P5 before this court in Ext.P6, and this court directed the 1^st respondent to consider

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WPC 19843/2021

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the statutory revision filed by the petitioner and directed the status quo to be maintained. Thereafter, by Ext.P7 suo motu order, Ext.P6 was reviewed, and the D.E.O. was directed to officiate as the Manager of the school till the Revision Petition is disposed of. Aggrieved by Ext.P7 judgment, Writ Appeal was filed and a Division Bench of this court set aside Ext.P7 and permitted Shri.Sasikumar to continue as the Manager until a decision is taken by the Government in the Revision Petition. Paragraphs Nos. 6 & 7 of the judgment of the Writ Appeal are extracted below:

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“6. Having heard the learned counsel appearing on either side and having perused the records, we are of the view that when the Management had appointed a Manager in a duly constituted meeting (prima facie) and when the said appointment had been approved by the Educational Authorities, necessarily the said person namely Sri.K.C.Sasikumar can continue as Manager until a different view is expressed by the Government in the pending revision. There is no mandate that the Educational Authority should manage the institution whenever there is a dispute regarding the appointment of a Manager. This is a case in which there is inter se dispute between the parties, which is

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WPC 19843/2021

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to be decided in the pending civil suits as well as by the Government in the revision petition pending before it.

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Having regard to the aforesaid factual situation, we set aside the order dated 03.12.2020 and as a consequence of it, we permit Sri.K.C.Sasikumar to continue as Manager until a final decision is taken by the Government in the revision petition. which of course will be subject to the result of the civil suits which are pending. The above view expressed by us is only for the purpose of disposing of the writ appeals and shall not be taken as our view on the merits of the claim made by Sri.N.R.Rajan, in the revision pending before the Government. The Government shall dispose of the matter as expeditiously as possible after hearing the affected parties.

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It is made clear that the Management shall not make any appointments until a final decision is taken by the Government in the pending revision petition.”

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Thus, it can be seen that a Division Bench of this court

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has held that the approval of Shri.Sasikumar as the Manager

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of the School, as per Ext.P5, which has been approved by

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Ext.R4(g), necessarily Shri.Sasikumar can continue as

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Manager, and he was allowed to continue as the Manager. Therefore, the 4th respondent is continuing as Manager from

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WPC 19843/2021

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15.6.2020 onwards. As directed by this court in W.P.(C) No.

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24250 of 2020, the 1^st respondent heard all the parties and held

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that the Revision Petition filed by the petitioner did not have merit and, therefore, it was rejected. It is to be noted that after the petitioner was removed, he approached the Munsiff Court, Perumbavoor, by filing O.S.No.438 of 2019 and in the suit, he has filed I.A. Nos.2273 of 2019 and 1 of 2020 for a temporary injunction restraining the respondents in the suit from causing obstruction to him from functioning as the Manager of the School. Both the IAs were dismissed by the learned Munsiff. Though C.M. appeals were filed, they also ended in dismissal. So, it can be safely concluded that his request to allow him to continue as Manager was declined by a civil court. Moreover, the Division Bench in the Writ Appeal has categorically held that when the Management appointed a Manager in a duly constituted meeting and the appointment was approved by the

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WPC 19843/2021

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Educational Authority, Shri.Sasikumar is the Manager from 15.6.2020 onwards. Besides that Ext.R4(g) is not under challenge in this Writ Petition. In such a situation, the petitioner cannot contend that he was continuing as Manager from 25.5.2020 till 5.11.2020. I have gone through Ext.P11, order issued by the Government in Revision Petition, and I am satisfied that the order does not suffer from any illegality or infirmity. Hence, the Writ Petition is only to be dismissed, and I do so.

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Sd/- BASANT BALAJI, JUDGE

dl/

WPC 19843/2021

PETITIONER EXHIBITS

Exhibit P1	TRUE COPY OF THE APPROVED BYLAW OF NSS HSS VALAYANCHIRANGARA DATED 23.9.194.
Exhibit P2	TRUE COPY OF THE APPROVAL ORDER OF THE PETITIONER DATED 4.6.2017.
Exhibit P3	TRUE COPY OF THE ORDER NO. DGE/6935/2019-EC2 DATED 17.11.2019 OF THE 2ND RESPONDENT.
Exhibit P4	TRUE COPY OF THE ORDER NO. B4/2777/2020/K. DIS DATED 8.7.2020 OF THE 3RD RESPONDENT.
Exhibit P5	TRUE COPY OF THE ORDER NO. EC2/6694/2020/DGE DATED 5.1.2020 OF THE 2ND RESPONDENT.
Exhibit P6	TRUE COPY OF THE JUDGMENT DATED 16.11.2020 IN WPC NO. 24250/2020 OF THIS HONBLE COURT.
Exhibit P7	TRUE COPY OF THE ORDER DATED 3.12.2020 IN WPC NO. 24250 OF THIS HONBLE COURT.
Exhibit P8	TRUE COPY OF THE JUDGMENT DATED 7.1.2021 IN WAS NO. 39/2021 OF THIS HONBLE COURT.
Exhibit P9	TRUE COPY OF THE CANCELLATION OF THE APPOINTMENT MADE BY THE 4TH RESPONDENT DATED 2.8.2021.
Exhibit P10	TRUE COPY OF THE JUDGMENT DATED 4.8.2021 IN CON CASE NO. 985/2021 OF THIS HONBLE COURT.
Exhibit P11	TRUE COPY OF THE ORDER NO. GO. (RT) NO. 3932 /2021/GEDN. DATED 6.9.2021 OF THE IST RESPONDENT.

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RESPONDENT EXHIBITS

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EXHIBIT R4(A)	TRUE COPY OF REQUEST DATED 6.4.2019 SUBMITTED BY THE AFORESAID 3 MEMBERS OF THE MANAGING COMMITTEE BEFORE THE PETITIONER.
EXHIBIT R4(B)	TRUE COPY OF COMMUNICATION DATED 15.2.2019 ISSUED BY THE KARAYOGAM TO THE PETITIONER
EXHIBIT R4(C)	TRUE COPY OF COMMON ORDER DATED 10.6.2020 IN I.A. NO. 2273/2019 AND I.A. NO. 1/2020 IN O.S. NO. 438/2019 OF THE HON'BLE MUNSIFF COURT, PERUMBAVOOR
EXHIBIT R4(D)	TRUE COPY OF COMMON JUDGMENT DATED 10.7.2020 IN C.M.A. NOS. 10/2020 AND 13/2020 OF THE HON'BLE SUB COURT, PERUMBAVOOR
EXHIBIT R4(E)	TRUE COPY OF PROCEEDINGS NO. K.R.1191/1992/1262/2020 DATED 15.6.2020 ISSUED BY THE REGISTRAR OF N.S.S. KARAYOGAMS
EXHIBIT R4(F)	TRUE COPY OF PROCEEDINGS DATED 20.2.2020 ISSUED BY THE REGISTRAR OF NSS KARAYOGAMS BY WHICH SANCTION WAS GRANTED TO REMOVE THE PETITIONER FROM PRIMARY MEMBERSHIP OF KARAYOGAM
EXHIBIT R4(G)	TRUE COPY OF ORDER NO. B4/5632/2021 DATED 15.11.2021 ISSUED BY THE 3RD RESPONDENT

N.R.Rajan, v. the State of Kerala

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What the court decided

N.R.Rajan, v. the State of Kerala

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