DAMODARAN Vs. VASUDEVAN

JUDGEMENT

(1.) Can the Manager of an aided school be restrained by means of a temporary injunction from appointing teachers or Headmaster of the school is the precise question that arises for consideration in this revision.

(2.) The assets of A. V. P. School, Karakunnu inclusive of its management belong to plaintiffs and defendant in O.S. 107/1989 before Sub Court, Manjeri. Respondents are the plaintiffs in that suit and revision petitioner is the sole defendant. The suit is for the partition of the assets of the school including its management into five equal shares and for allotment of four shares to plaintiffs. Revision petitioner is the present Manager of the school. Plaintiffs filed a petition under O.39 R.1 C.P.C. as I.A. 1240/1989 seeking to restrain revision petitioner from appointing teachers in the school. Interim order was passed on 30-9-1989 and time for filing counter granted till 11-10-1989. Another application was filed by plaintiffs as I.A. 1287/1989 praying for continuation of the interim injunction order till disposal of the suit. That petition was allowed with a direction that whenever vacancy arises, defendant shall report the matter to the court. On appeal before District Court, Manjeri as C.M.A. 48 of 1989 the appellate court concurred with that order and dismissed the appeal. Hence this revision.

(3.) It is urged by learned counsel for revision petitioner that the manager of an aided school cannot be restrained by means of a temporary injunction from exercising his functions under the Education Act. The temporary injunction order granted by the court below is therefore illegal according to the counsel. On the other hand it is contended by learned counsel for respondents that the civil court has every power to pass an order under O.39 R.1 restraining the manager from making appointments and that such power of the court is not taken away by any of the provisions in the Kerala Education Act or the Rules framed thereunder. To appreciate the contentions raised on both sides it is profitable to refer to some of the provisions of the kerala Education Act (for short the Act) arid the Rules framed thereunder.