SOUDATH C.H. Vs. STATE OF KERALA

JUDGEMENT

(1.) The writ petition is preferred by teachers of the ALPS, Pazhedom, Manjery challenging Ext.P23 order of the National Commission for Minority Educational Institutions on the ground that the objection filed by the petitioners for cancellation of the minority status obtained by the 6th respondent in respect of ALP School, Pazhedom, by fraud, has been disposed of in a manner vitiated by errors apparent on the face of the record and is arbitrary and illegal.

(2.) Originally, the ALP School, Pazhedom was established by Sri.T.P.Muhammed Haji, who was its owner and manager. According to the petitioner, the school was not established with the objective of functioning as a minority institution, but to provide education facilities to the students of the Village irrespective of their religion or caste. After the death of Sri.Muhammed Haji, his son Sri.T.P. Abdul Salam became the manager of the school.

(3.) Originally, the School had an extent of 1.52 Acres of land. Later in the year 2007, the then manager and the legal heirs of Sri.Muhammed Haji sold the school building along with a portion of the land having an extent of 31.50 cents to one Aranjikkal Abdul Salam. According to the petitioners, the said transaction was in violation of Sec. 6(1) of the Kerala Education Act and Rule 5A of Chapter III of the Kerala Education Rules, 1959 (for short 'KER'), since the sale was effected without obtaining prior permission from the respective Educational Authorities. It was also in violation of the area requirement prescribed under Rule 1 Chapter IV KER.