IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 16525 of 2008(P)
1. THE MANAGER, THACHINGANADAM HIGH SCHOOL,
... Petitioner
Vs
1. THE SECRETARY, GENERAL EDUCATION
... Respondent
2. SRI.P.ACHUTHAN NAIR, PAAPPOOR HOUSE,
For Petitioner :SRI.K.M.SATHYANATHA MENON
For Respondent :SRI.V.A.MUHAMMED
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :04/03/2010
O R D E R
ANTONY DOMINIC, J.
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W.P.(C.) Nos.16525 & 28617 of 2008
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Dated, this the 4th day of March, 2010
J U D G M E N T
The issue raised in these writ petitions are connected, and
therefore, these cases were heard together and are disposed of by
this common judgment.
2. Briefly stated, the facts of the cases are that
Thachinganadam High School was managed by a Corporate
Educational Agency consisting of 8 directors. The Manager of the
School was Mr.Malayil Aboobacker Haji. Disputes arose among the
Directors, which led to passing of Ext.P3 notification dated
10/08/2007 by which the Management of the School was taken over
by the Government. This notification was challenged by two
Directors by filing WP(C) No.16961/2005. That writ petition was
disposed of directing the Government to reconsider the matter with
notice to the parties. Accordingly, the matter was reconsidered and
GO(Rt.) No.1843/6/Gen.Edu. dated 06/05/2006 was issued
cancelling Ext.P3 notification taking over the Management of the
WP(C) Nos.16525 & 28617/2008
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School and the School was also returned to the Corporate
Educational Agency.
3. It is stated that in the meanwhile on 03/05/2006, 7 out
of 8 Directors transferred their interest in the School to
Shri.O.V.Usman Kurikkal. Accordingly, he applied for appointment
as Manager, which was allowed by order dated 12/05/2006 passed
by the District Educational Officer, Wandoor. Against that order, the
petitioner in WP(C) No.28617/2008 filed an appeal, which was
rejected by the Government by order dated 10/08/2007. Aggrieved
by the said order, the petitioner in WP(C) No.28617/2007 filed a
representation described as “mercy revision petition” before the
Government. In that representation, the Minister for Education
ordered to re-open the proceedings. Accordingly, the matter was
re-opened, parties were heard, and it was at that stage, WP(C)
No.16525/2008 was filed by the present Manager of the School
challenging the maintainability of the proceedings before the
Government. After WP(C) No.16525/2008 was admitted, WP(C)
No.28617/2008 was filed by the petitioner therein claiming
exclusive right of the School property, and challenging the orders
WP(C) Nos.16525 & 28617/2008
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transferring managership.
4. As already seen, the petitioner in WP(C) No.28617/2008
has moved the Government seeking cancellation of the transfer of
Managership and the Government is considering the matter. The
grievance of the petitioner in WP(C) No.16525/2008 is that the
proceedings before the Government is not maintainable and he
wants the maintainability of the proceedings to be considered as the
preliminary issue. In the light of the facts as stated above, I do not
think it necessary for this Court to enter into the merits of the
controversy and at this stage, the Government can be directed to
pass final orders on the “mercy revision petition” filed by the
petitioner in WP(C) No.28617/2008.
5. Accordingly, these writ petitions are disposed of with the
following directions. The 1st respondent, the Secretary to the
Government of Kerala, General Education Department, is directed to
consider the “mercy revision petition” produced as Ext.P4 in WP(C)
No.16525/2008 with notice to the petitioners herein and other
Directors of the Corporate Educational Agency. While considering
the matter and passing orders as above, it will be open to the
WP(C) Nos.16525 & 28617/2008
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petitioner in WP(C) No.16525/2008 to canvass on the
maintainability of the petition, in which event, the Secretary to
Government shall consider the maintainability, as the preliminary
issue. Orders in the matter shall be passed as above as
expeditiously as possible, at any rate, within four months of
production of a copy of this judgment.
6. The contentions raised on the merits by both parties are
left open.
The petitioners shall produce a copy of this judgment before
the 1st respondent, the Secretary to Government, General Education
Department, Government of Kerala, for compliance.
These writ petitions are disposed of as above.
(ANTONY DOMINIC, JUDGE)
jg