P.K.KRISHNASWAMY Vs. STATE OF KERALA

JUDGEMENT

(1.) The captioned writ petitions are in respect of mangership of the petitioner late P.K.Krishnaswamy of Sarvajana High School, Puthukode, (Now Sarvajana Higher Secondary School, Puthukode), and approval sought for as Principal in charge of the school respectively. Therefore, I heard them together and propose to pass this common judgment.

(2.) Petitioner in W.P.(C)No.17995/2016 died and consequently his son Karthik Krishna P.K. was impleaded as additional 2nd petitioner as per order dated 1.11.2019, in I.A.No.2/2019. The facts and documents available from W.P.(C)No.17995/2016 are relied upon to dispose of the writ petitions.

(3.) According to the petitioner, petitioner was the Manager of Sarvajana High School, Puthukode, which was later uppgraded as Sarvajana Higher Secondary School, Puthukode, Palakkad District. The Sarvajana Higher Secondary School is situated in a property admeasuring 1.3225 Hectares situate in Survey No.411/2 of Puthukode Village in Alathur Taluk. The school was started in the year 1946 and late P.K.Krishanaswamy was managing the school for more than 57 years. There was a dispute with respect to the reinstatement of a full time menial, who was under suspension from 31.3.1998. On the basis of direction issued by the Government, the Deputy Director of Education, Palakkad issued a show cause notice dated 17.10.2001, initiating action against late P.K.Krishanaswamy, who was holding charge as Manager of the Sarvajana High School, Puthukode, evident from Ext.P1. Thereupon Ext.P2 reply was submitted. After considering the reply, the Deputy Director of Education, Palakkad as per Ext.P3 order dated 4.1.2003 held that petitioner is unfit to hold the office as Manager of the school, apparently invoking the powers conferred under Rule 7 of Chapter III KER. Being aggrieved O.P.No.4128/2003 was filed before this Court. While so, Deputy Director of Education as per a communication dated 6.1.2003 directed one P.V.Parameswara Iyer to convene a meeting of the Sarvajana Education Committee and wanted to elect a new Manager. According to late P.K.Krishanaswamy, Sarvajana Education Committee became defunct, and has never taken charge over the management of the school. It is also pointed out that late P.K.Narayana Iyer, petitioner's paternal uncle and head of the petitioner's family was the committee and correspondent. It was also the case of P.K. Krishanaswamy that the Sarvajana Educational Committee was registered earlier and the same was later treated as defunct and struck off from the list of societies under the Societies Registration Act , 1860 evident from Ext.P4 communication dated 14.3.1959.