IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 11064 of 2009(C)
1. C.K.VIBHAKARAN PILLAI,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE DIRECTOR OF PUBLIC INSTRUCTION,
3. THE DEPUTY DIRECTOR OF EDUCATION,
4. THE ASSISTANT EDUCATIONAL OFFICER,
5. THE MANAGER, S.K.V.U.P.SCHOOL,
For Petitioner :SRI.B.MOHANLAL
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :03/04/2009
O R D E R
P.N.RAVINDRAN, J.
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W.P.(C).No.11064 of 2009
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Dated 3rd April, 2009
JUDGMENT
Heard Sri.B.Mohan Lal, the learned counsel appearing for the
petitioner.
2. The petitioner’s mother, late Sarojini Amma was the
educational agency and Manager of S.K.V Upper Primary School,
Chemmakkad in Kollam District. While the petitioner was working as the
Headmaster of the said school, late Sarojini Amma had in Ext.P1 letter
dated 16.6.2004 requested the Deputy Director of Education, Kollam to
approve the petitioner as the Correspondent of the school. The said
request was rejected on the ground that the petitioner who is employed
as a teacher in the very same school is disqualified to be appointed as
the Correspondent of the school. Ext.P2 order passed by the Deputy
Director of Education rejecting the request made by late R.Sarojini
Amma has become final.
3. Smt.Sarojini Amma passed away on 5.11.2005. Upon her
death, as held by a Division Bench of this Court in Somanatha Pillai v.
State of Kerala (2007(1) KLT 127), the individual educational agency
became a corporate educational agency. The petitioner was also
continuing in service as Headmaster of the school till he retired from
WP(C).No.11064/2009 2
service on 30.6.2003. According to the petitioner, though his request
was rejected by the Deputy Director of Education, he was continuing
as the Manager of the school. Nearly two years after his mother
passed away, the petitioner moved the Assistant Educational Officer,
Kundara to approve him as the Manager. That request was rejected
by Ext.P3 letter dated 15.12.2007. The petitioner thereafter moved
the Hon’ble Minister for Education in Ext.P4 dated 14.1.2008 to
approve him as the Manager and Correspondent of the school till a
new Manager is appointed and approved. That request was rejected
by Ext.P6 letter dated 11.7.2008. Exts.P2, P3 and P6 are under
challenge in this writ petition wherein the petitioner also seeks a
direction to the official respondents to approve him as the
Correspondent of the S.K.V.P. U.P.School, Chemmakkad.
4. It is not in dispute that the educational agency and the
Manager of the school was late Sarojini Amma who passed away on
5.11.2005. Even during the life time of late Sarojini Amma, the
petitioner was appointed as the Correspondent of the school. Since
the petitioner was working as a teacher in the school, his appointment
as the Correspondent was not approved. The said order has become
final. The educational agency passed away on 5.11.2005 and
thereupon all the legal heirs of late Sarojini Amma together constitute
WP(C).No.11064/2009 3
a corporate educational agency. The corporate educational agency has
not so far framed its bye-laws or submitted an application for approval
of the bye-laws. The corporate educational agency also not
appointed any person as the Manager of the school. The petitioner
cannot in these circumstances, claim the exclusive right to function as
the Manager of the S.K.V. U.P. School. It is for the corporate
educational agency consisting of the petitioner and the other legal
heirs of late Sarojini Amma, to elect a Manager from among
themselves. The petitioner has also not joined any of the other legal
heirs of late Sarojini Amma as parties to this writ petition. Therefore,
both on the merits and also for the reason that necessary parties are
not on the party array, this writ petition is liable to be dismissed.
The writ petition fails and is accordingly dismissed in
limine.
P.N.RAVINDRAN
Judge
TKS