SATHYA JOSE D. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner challenges his removal from the managership of the Corporate educational agency viz South Kerala Diocese of LMS Schools in Thiruvananthapuram District and the approval of the 5th respondent as the Corporate Manager of the educational agency of the LMS Schools in the Thiruvananthapuram and Kollam Districts as per Exts.P7 and P8 orders.

(2.) It is stated that the LMS Schools in Thiruvananthapuram and Kollam Districts were under a single Corporate educational agency viz Corporate management of erstwhile South Kerala Diocese of the Church of South India (CSI), and its byelaw was registered as per Ext.R4(a) dt.12.1.1969. It is stated that the South Kerala Diocese was bifurcated into South Kerala Diocese, Thiruvananthapuram having jurisdiction over Thiruvananthapuram District and Kollam-Kottarakkara Diocese having jurisdiction over Kollam District on 10.09.2017. Consequent to that, the single corporate educational agency of the LMS Schools under South Kerala Diocese, under which there were 64 schools in Thiruvananthapuram and Kollam Districts, was also bifurcated into two. All the 43 LMS Schools in Thiruvananthapuram District were brought under the LMS Schools Corporate Management of South Kerala Diocese and 21 Schools in Kollam District were brought under the LMS Schools Corporate management, Kollam-Kottarakkara Diocese. It is stated that separate byelaws were also approved for each of the educational agencies by the respective Deputy Directors of Education. The 5th respondent, who was the Corporate Manager of the erstwhile single corporate educational agency thereafter appointed the petitioner as the Manager of the LMS Schools Thiruvananthapuram, on 30.08.2019 as per Ext P2 order, on the basis of the decision of the Executive Committee of CSI South Kerala Diocese. Approval was granted to the petitioner as Manager as per Ext.P3 order of 3rd respondent issued on 01.04.2019, for a period of 3 years from 03. 09.2018. Ext.P3 also mentions that the 5th respondent handed over charge to the petitioner after executing a Power of Attorney in favour of the petitioner to function as the Manager of the Schools in Thiruvananthapuram. Ext P3 order also refers to the approval of the byelaw of the newly constituted corporate educational agency on 26.03.2019.

(3.) In the meanwhile several teachers challenged the bifurcation pointing out that their rights and interest were not protected. The aggrieved teachers approached this court and on directions in the judgment in their cases, Government considered their grievance and seeing that the DPI had not granted permission for the bifurcation as provided under Rule 5A of Chapter III of KER and the teachers were not given opportunity to submit their option, Government issued Ext.P5 order dated 22.10.2019, setting aside the order dated 16.08.2018 of the DPI and Directed the DPI to reconsider the matter. Consequent to Ext.P5 order the 5th respondent issued Ext.P7 order withdrawing the order appointing the petitioner as Manager and restoring himself as the Corporate Manager stating that he would continue to be the Corporate Manager on the strength of the order dated 03.02.2017 till another Corporate Manager is appointed in accordance with the byelaw approved in 1969. The 2 nd respondent approved the same as per Ext.P8 order. This writ petition is filed at that stage challenging the orders Exts.P7 and P8.