K.C.Sebastian vs State Of Kerala on 27 October, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 29886 of 2009(E)


1. K.C.SEBASTIAN, S/O. K.M.CHACKO, AGED 65,
                      ...  Petitioner
2. JOJI THOMAS, S/O.THOMAS, AGED 34,
3. M.J.MATHEW, S/O.JOHN,AGED 70,
4. V.0P. MARTIN, S/O.V.K.PETER,
5. M.D.JOSEPH, S/O. DEVASY, MENACHERY
6. BIJU C.A., S/O. AGUSTY, AGED 39,

                        Vs



1. STATE OF KERALA, REPRESENTED BY THE
                       ...       Respondent

2. DIRECTOR OF PUBLIC INSTRUCTION,

3. DARSANAM EDUCATIONAL AGENCY, VADAYAAR,

4. INFANT JESUS CHURCH EDUCATIONAL AGENCY,

5. DARSANAM EDUCATIOAL AGENCY, VAIKOM.

6. ST.JOSEPH'S SYRIAN CATHOLIC CHURCH

7. CORPORATE EDUCATIONAL AGENCY, ST.THOMAS

8. ST.AUGUSTINE'S EDUCATIONAL AGENCY,

9. ARCHDIOCESE OF ERNAKULAM-ANGAMALY,

                For Petitioner  :DR.GEORGE ABRAHAM

                For Respondent  : No Appearance

The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

 Dated :27/10/2009

 O R D E R
                     T.R. RAMACHANDRAN NAIR, J.
                      ~~~~~~~~~~~~~~~~~~~~~~~~~~~
                         W.P.(C). No.29886/2009-E
                      ~~~~~~~~~~~~~~~~~~~~~~~~~~~
                  Dated this the 27th day of October, 2009

                              J U D G M E N T

The petitioners herein are either trustees or members of the respective

parishes of the Catholic Church to which the Educational Agencies, namely,

respondent Nos.3 to 6 belong. The petitioners are challenging Ext.P3

proposal made before the Director of Public Instruction by the eighth

respondent Educational Agency, for amalgamation of various schools.

2. The main contention raised is that Ext.P3 is ultra vires the

provisions of the Kerala Education Rules. The contention raised in ground

‘A’ of the writ petition is that the petitioners’ schools were established and

maintained by the Parishioners of the respective Churches mentioned in the

writ petition to which the schools belong. The petitioners have raised

various contentions about the manner in which the present application is

filed by the Educational Agency. There is a further contention that the

move by the Educational Agency will not conform to the constitution of the

Educational Agency. It is a case where the petitioners assert that the

Parishioners’ consensus have not been obtained in the matter.

W.P.(C). No.29886/2009
-:2:-

3. The remedy of the petitioners is to move appropriate forum to

establish their rights. Leaving open the said remedy, the writ petition is

dismissed. No costs.

(T.R. Ramachandran Nair, Judge.)

ms