LAWS(KER)-1984-7-2

A ABDUL RAHIM Vs. STATE

Decided On July 20, 1984
A.ABDUL RAHIM Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) Both these writ petitions are directed against the same order, viz: G. O. Rt. No. 3200/78/G. Edn. dated 26-10-1978 passed by Government of Kerala, a true copy of which is marked as Ext. P9 in O. P. No. 361 of 1979. It would appear that there has been dispute between the petitioners on the one hand and the 4th respondent in O.P. No. 362 of 1979 on the other in regard to the ownership and the right of management of the school with respect to which Ext. P9 order has ultimately been passed. The question really is whether the validity of an alleged transfer of the property and right of management of an aided school could be decided by the Educational Authorities or not. This Court in the judgment in W. A. Nos. 152 & 191 of 1978 stated as follows:

(2.) In the result, without prejudice to the right of the parties to agitate their cause, if any, in a civil court, these writ petitions are dismissed. We do not make any order as to costs. Needless to say that status quo as it obtains today shall continue in so far as it relates to the management of the school and the possession of the buildings and properties of the school, until a competent Civil Court decides the matter.