JOSE N J Vs. DISTRICT EDUCATIONAL OFFICER

JUDGEMENT

(1.) All these writ petitions are arising out of a dispute regarding corporate management of M.M.M Higher Secondary School and M.M.M High School. These school belonged to Kuttayi High School Committee registered under the Society Registration Act. Sri.P.P.Muhammed Yaseen was admittedly the Manager appointed in the year 1986. Sri.P.P. Bava is his brother-in-law. Sri.P.P.Bava and others claim that in a meeting convened by the committee on 10.03.2017, Sri.P.P.Muhammed Yaseen was removed as Manager. This resulted in a dispute relating to administration and management of the school.

(2.) I am not adverting to various intervening factors in the matter as the dispute has gained attention of the Additional Director of Public Instruction as well as the Government in various stages. The Additional Director of Public Instruction, taking note of the fact that the bylaw provides for convening of general body meeting every three year and therefore, elected Manager cannot continue beyond a period of three years permanently, ordered that the Manager shall be elected by convening a general body meeting. Accordingly cancelled the Managership of Sri.P.P.Muhammed Yaseen. Sri.P.P.Muhammed Yaseen filed a revision before the Government. Sri.P.P.Bava also filed a revision before the Government. According to Sri.P.P.Bava, one Sri.P.P. Koyamoideen, who was elected in the general body meeting, should be appointed as Manager. The Government heard both the revisions and affirmed the order of removal of Sri.P.P.Muhammed Yaseen and taking note of the fact that there is dispute in regard to the management, appointed the District Educational Officer, Tirur as temporary Manager and directed the parties to resolve the dispute through Civil Court. The appointment of the District Educational Officer, Tirur was subject to the outcome of such dispute between the parties. Sri.P.P.Muhammed Yaseen filed separate writ petition challenging this order. Sri.P.P.Bava also filed another writ petition.

(3.) There was some issues regarding promotion given to the Headmaster. Meanwhile, admissions to the Higher Secondary School also started. It appears that the District Educational Officer armed with the order of the Government, ordered that Smt.Meenakumari should be given the charge of Headmaster. The Manager in fact had appointed Sri.K.S. Rajendran Nair as Headmaster. It appears that Sri.Rajendran Nair's appointment was not approved by the District Educational Officer. On account of non-compliance of the direction to hand over the charge to Smt.Meenakumari, the District Educational Officer ordered suspension of Sri.K.S.Rajendran Nair.