USMAN KURIKKAL O V Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, O.V. Usman Kurikkal, challenges in this Writ Petition Ext. P-1 Order dated 20-8-2010, passed by the Government, and Ext. P-3 consequential proceedings of the District Educational Officer, Wandoor.

(2.) Thachinganadam High School (hereinafter referred to as 'the High School') was established by Thachinganadam School Committee (hereinafter referred to as 'the Committee'). The property in which the High School is housed, having an extent of 3.52 acres, was purchased on behalf of the Committee as per registered sale deed dated 31-7-1975 (Ext. P-4). The Committee consisting of eight members was approved by the Education Department as a Corporate Educational Agency. The fifth respondent, P. Achuthan Nair, is a founder member of the Committee. The Committee framed Ext. P-5 bye-laws dated 23-6-1978, for management of the High School. The bye-laws were approved by the Deputy Director of Education.

(3.) On account of the disputes among the members of the Committee and the consequent deadlock in the management of the High School, the Government, as per Ext. P-6 Notification dated 21-5-2005, took over the management of the High School, in exercise of the powers conferred by sub-section (2) of Section 14 of the Kerala Education Act. Ext. P-6 order was challenged by the fifth respondent and Devaki Amma, another member of the Committee, in W.P.(C) No. 16961 of 2005, which was allowed as per Ext. P-7 judgment dated 1-7-2005. The notification dated 21-5-2005 was quashed and the Government was directed to take fresh decision on the question of taking over of the management of the High School, after issuing notice to the writ petitioners therein and other members of the Committee as well as the legal heirs of the deceased members. Ext. P-7(a) show cause notice was issued by the Government to the members of the Committee in compliance with Ext. P-7 judgment. It is stated that the members of the Committee arrived at a settlement, elected new office bearers and approached the Government. A meeting of the members was convened by the District Educational Officer, in which, all the members of the Board of Directors of the Committee, except Achuthan Nair, attended. The Government passed Ext. P-11 order dated 6-5-2006 returning the management of the High School with the permission to approve the managership of P.Devaki Amma upto 17-2-2006. It is stated by the learned Senior Counsel for the petitioner that for the subsequent period upto 31-3-2007, one Aboobacker Haji was elected as the Manager.