KUTHUPARAMBA EDUCATIONAL SOCIETY Vs. STATE OF KERALA

JUDGEMENT

(1.) The writ petition is filed by Koothuparamba Educational Society along with four others, who claim to have been elected to the Managing Committee of the Society. They are challenging Ext.P20 order passed by Government by which the management of the Koothuparamba High school has been entrusted with the District Educational Officer on the ground that the management under the Society cannot legally look after the functioning of the school.

(2.) Petitioners have stated that the term of the previous Managing Committee expired on 31.12.2018. The Munsiff Court, Koothuparamba had by Ext.P2 order dated 10.12.2018 in O.S.No.411/2018 appointed one Sri.T.Purushothaman as Advocate Commissioner to conduct and supervise the meeting of the governing body, in connection with the election proposed to be held on 31.12.2018. It is stated that various Original Suits and interlocutory applications were filed before the courts at Koothuparamba, Thalasseri, etc and even before this Court in connection with conduct of the election; the election could be conducted on 28.09.2019 under the supervision of Advocate Commissioner appointed by the Munsiff Court Koothuparamba. It is stated that out of the 21 members elected to the managing committee, petitioners 2 to 5 were elected as President, Vice President, Secretary cum Manager and Treasurer respectively. According to them the newly elected managing committee has been functioning since then and there is no order restraining them though O.S.No.411 of 2018 and O.S.No.75 of 2019 filed before the election are pending before the Munsiff Court, Koothuparamba. As per the byelaws the Secretary is to be the Manager; but the request for approval of the Secretary to function as the Manager was declined as per Ext.P16 order of the DEO in the light of Ext.P11 order dated 26.09.2019 in W.P.(C) No.25784/2019 filed by the additional 3rd respondent. As per that order this Court while allowing the election to go on, had directed that the Manager shall not be approved without permission from this Court and the DEO shall continue to function as the Manager until further orders. The said Writ Petition was closed as per Ext.P21 judgment dated 13.02.2020, taking note of Ext.P20 order and giving liberty to the 1st petitioner herein who was the 5th respondent therein to work out its remedies. Petitioners submit that there is no order from any court restraining their functioning based on the election held on 28.09.2019 and the Advocate Commissioner had filed Ext.P13 and Ext.P14 final report dated 30.11.2019 before the Munsiff Court Koothuparamba. According to them when a newly elected committee is in power there is no reason for entrusting the management of the School with the DEO and Ext.P20 order is liable to set aside.

(3.) Government has issued Ext.P20 order pursuant to Ext.P9 complaint submitted by the additional 3rd respondent who raised various allegations against Sri.R.K.Raghavan, who had been functioning as the Secretary of Koothuparamba Educational Society and Manager of the School since the year 2000. Additional 3rd respondent approached this Court in W.P.(C) No.11217/2018 and as per Ext.P10 judgment dated 13.09.2018, this Court had directed the Government to consider and pass orders on the representation submitted by the petitioner. Ext.P20 order was passed after hearing the additional 3rd respondent and after calling for report from the Educational Authorities.