UMMER P.K Vs. JALEEL M.K

JUDGEMENT

(1.) These three appeals are directed against the common judgment of the learned Single Judge dated 03.08.2017 finally disposing of WP(C) Nos.12954 of 2017 & 23434 of 2017. The dispute in these cases relate to the right to manage an aided school, namely the Neduvannoor South AMUP School (hereinafter referred to as 'the School' for short).

(2.) The school in these cases was functioning and it is alleged that it was on the verge of being closed down for want of sufficient infrastructural facilities. At that point of time, the ownership and management of the school and its properties were transferred to a Trust. After such transfer, the Trust is stated to have expended more than 60,00,000/- towards modernising the facilities in the school. Accordingly, it is stated that the school has been modernised and is at present functioning well.

(3.) After the transfer of the school, an application was submitted for change of managership of the school, involving change of ownership. The said application is evidenced by exhibit P1 in W.P.(C) No.12954 of 2017, which is treated as the leading case. However, as per exhibit P2 order, the Director of Public Instructions rejected the application. Two reasons are stated in exhibit P2. The first reason is that there are liabilities on the Headmaster and the approved Manager of the School. The second reason is that, there is a civil suit pending before the Munsiff's Court, Quilandy in respect of the property of the school. Exhibit P2 was the subject matter of challenge before the Government in an appeal jointly preferred by the approved Manager as well as the representative of the Trust that had acquired ownership of the school as stated above. Since the appeal was not disposed of expeditiously, this Court was approached through a Writ Petition and as per exhibit P5 judgment, the Government was directed to consider and dispose of the appeal within a stipulated time. Accordingly, the appeal was considered and finally disposed of by exhibit P6 order. The appeal filed by the approved Manager and the transferee of the school was rejected. The said order was under challenge in W.P.(C) No.12954 of 2017 at the instance of the transferee Manager. During the pendency of the Writ Petition, additional 4th respondent got himself impleaded, claiming to be a member of the family that owned the school and contested the Writ Petition. He also filed a separate Writ Petition, W.P.(C) No.23434 of 2017 seeking a direction permitting the approved Manager of the School to continue in managership thereof. In addition, a direction restraining the transferee from interfering with the functioning of the school as well as a declaration that the transfer was invalid were sought for as ancillary reliefs. Both the Writ Petitions were considered by the learned Single Judge and disposed of by the common judgment appealed against.