BABU PAUL PERUMPILLIL Vs. STATE OF KERALA

JUDGEMENT

(1.) St. Peter's and St. Paul's church, Kolencherry, the petitioner in WP (C) No. 3441/08, runs certain educational institutions governed by the provisions of the Kerala Education Act, 1958, hereinafter referred to as 'the Act', for short, and the Kerala Education Rules, 1959, hereinafter, 'KER', for short. That corporate educational agency is governed by bye laws approved by the department in terms of the provisions of the Act and KER, in terms whereof, management of the educational institutions were being carried on. It appears that the last among the approved managers in office, Sri. Pailly Pillai, died on 01/07/2007. In the meanwhile, Fr. Jacob Kurian submitted a proposal on 10/05/2007 to the District Educational Officer, Aluva, proposing for approval, five members to the governing body of the School Board. Fr. Varghese Edumary and others forwarded a different proposal of five persons, dated 13/07/2007, for the aforesaid purpose. In the proposal of Fr. Jacob Kurian, Sri. Babu Paul was stated to have been elected as the manager. The proposal of Fr. Varghese Edumary was for the approval of Sri. Paulose P. Kunnath as the manager. The DEO, for reasons which he has recorded in his order dated 01/08/2007, rejected the appointment of Sri. Paulose P. Kunnath and Sri. Babu Paul.

(2.) The proposal of Sri. Paulose P. Kunnath as manager was carried in appeal before the Director of Public Instructions in terms of R.4(3) of Chap.III KER, which deals with management of private schools. The refusal to approve the appointment of Sri. Babu Paul as manager was carried directly to the Government, purportedly invoking R.92 of Chap.XIVA KER, which deals with conditions of service of aided school teachers.

(3.) It appears that the appeal placed before the DPI regarding the approval of the managership of Sri. Paulose P. Kunnath was stagnating on account of the pendency of the revision before the Government, touching the refusal of approval of Sri. Babu Paul as manager. WP (C) No. 30908/07 was filed before this Court by Fr. Varghese Edumary and Sri. Paulose P. Kunnath. After hearing both sides, this Court directed the Government to consider and pass appropriate orders in the revision petition pending before it. Following that, the Government issued GO (Rt). No. 484/08/G.Edn. dated 24/01/2008 (Ext. P9 in WP (C) 3270/08 and Ext. P12 in WP (C) 3441/08) which is impugned in these writ petitions filed by Sri. Babu Paul and by the Vicar of the church. Extensive pleadings are placed on record in support of the challenge; as also in support of the impugned order. Different allegations are thrown by rivals and also against various aspects touching the manner in which the choices were made. The process of decision making by the Government is also impeached on different grounds. The sustainability of the decision contained in the Government Order is seriously questioned, having regard to the various matters reflected by the note file, that led to the said GO, a copy of which has been obtained by the petitioner in WP (C) 3270/08 under the Right to Information Act and placed therewith as Ext. P10.