K.P.ABDUL BASHITH Vs. JAMSHEED M.

JUDGEMENT

(1.) The 6th respondent in W.P.(C) No.3736 of 2017 has filed this Writ Appeal challenging the judgment dated 15.10.2018 of the learned Single Judge.

(2.) The first respondent was appointed as an Urdu Teacher in the AMUP School, Vadakkangara, The appointment was made by the 6th respondent herein. However, no approval for the appointment was granted by the AEO stating that no bye-laws had been framed for the management and approved by the authorities. It was also noted that there was a management dispute in existence. The order was challenged before the DEO and in revision, unsuccessfully. It was thereafter that, the Writ Petition was filed by the first respondent. 2. The appellant herein got himself impleaded in the Writ Petition. It was contended by the appellant that, the 6th respondent was a usurper and that, as per exhibit R6(a) registered partition deed of the family, the appellant's father's brother ought to have been made the Manager. The appellant WA.No. 2287 of 2018 further contended that, the vacancy to which the first respondent was appointed ought to have been filled up by appointing a qualified member of the family, in compliance with the terms of the partition deed.

(3.) The learned Single Judge considered the respective 6th contentions and held that, if the respondent was the approved Manager of the school, he had a right to appoint a teacher to the school. Therefore, the AEO has been directed to 6th to decide whether the respondent was the approved Manager or not and to grant approval to the appointment of the 5th respondent if he was the approved Manager. The appellant is aggrieved by the said order.