ABDUL AZEEZ Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER is the Manager of M. U. L. P. School, Fort Cochin. The School building was constructed in 1931. This was purchased by Calvetty muslim Jamalh Association. For efficient running of the School the Association formed a Committee and the School was brought under the corporate management of the said Committee. The School. was recognised by the District Educational Council, Malabar in 1931. This is evidenced by Ext. P1. In exercise ofthe power conferred by Rule 2 of Chapter III of the Kerala Education Rules the Regional Deputy Director of Public instructions, Ernakulam as per his proceedings evidenced by Ext. P2 approved the school.

(2.) CONTENTION of the petitioner is that the school building and the property attached toil are wakf properties and that as per the wakf deed secular education and theological education are imparted to the pupils, but meticulously observing that the timings set apart to the theological education in the Madrassa do not in any manner hamper the secular education. It is stated that the theological education is conducted in the madrassa from 7 a. m. to 8. 30 a. m. and from 4. 30 p. m. to 6. 30 p. m. and this has not caused any disturbance to the regular education in the School.

(3.) S. 6 (1) provides that notwithstanding anything to the contrary contained in any law for the time being in force, no sale, mortgage, pledge, charge or transfer of possession in respect of any property of an aided school shall be created or made except with the previous permission in writing of such officer not below the rank of a district Educational Officer, as may be authorised by the Government in this behalf. Obviously S. 6 cannot be invoked as the petitioner has not violated any of the things prohibited under the Section.