KIDANGAYAM MUSLIM BROTHERS ASSOCIATIONS Vs. STATE OF KERALA

JUDGEMENT

(1.) The dispute in this writ petition pertains to the right of administration and management of Kidangayam A.M.L.Primary School. Which of the rival body of persons is entitled to claim the right to manage the aforesaid school is the main question. The Government decided in favour of Shri Abdul Khader, the third respondent, who represents a registered Association formed in the year 2002 by name, Muslim Brothers Association, Kidangayam, as per Ext.P20 to manage the school. The Government decided the matter in revision filed by the third respondent challenging orders of the Assistant Educational Officer, Manjeri, and the Director of Public Instructions, who concurrently found that the petitioner-Association is the Educational Agency.

(2.) A.M.L. Primary School is an aided school. It was established by late K.Kuttykrishnan Nair. His Legal heirs transferred the ownership and management of the school to the Secretary, Muslim Brothers Association, Kidangayam. The case of the petitioner is that the petitioner-Association, Kidangayam Muslim Brothers' Association is the same Association which obtained ownership and transfer of management. The transfer was approved by the Director of Public Instructions as per order dated 16.4.1986 (Ext.P2).

(3.) I am not adverting to the history of litigations which appears to have started off as early as in the year 2002. In several rounds of litigations, the matter gained the attention of this Court. The question was simple, Kidangayam Muslim Brothers Association or Muslim Brothers Association, Kidangayan is the Educational Agency. During the course of proceedings, taking note of the nature of plea raised by learned counsel for the petitioner, this Court impleaded the Wakf Board. This Court passed the following order on 10.7.2018: