C.P. Venugopalan Nair & Nanminda Higher Secondary School v. State of Kerala and Others

**WP(C) NO. 8241 OF 2021** **1** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V MONDAY, THE 20[TH] DAY OF DECEMBER 2021 / 29TH AGRAHAYANA, 1943** ## **WP(C) NO. 8241 OF 2021** ## **PETITIONERS:** 1 C.P.VENUGOPALAN NAIR AGED 80 YEARS S/O.RAMANKUTTIKIDAVU, RESIDING IN THE ADDRESS CHERIYAPARAMBATH HOUSE, EKAROOL P.O., KOZHIKODE DISTRICT-673 574 2 M/S.NANMINDA HIGHER SECONDARY SCHOOL REP.BY ITS MANAGER, C.P.VENUGOPALAN NAIR, S/O.RAMANKUTTIKIDAVU, RESIDING IN THE ADDRESS CHERIYAPARAMBATH HOUSE, EKAROOL P.O., KOZHIKODE DISTRICT-673 574 BY ADVS. G.SREEKUMAR (CHELUR) K.K.CHANDRAN PILLAI (SR.) ## **RESPONDENTS:** 1 THE STATE OF KERALA REP.BY THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM DISTRICT-695 001. 2 THE DISTRICT EDUCATIONAL OFFICER THAMARASSERY P.O, KOZHIKODE DISTRICT-673 574 3 ILLATH ABDUL MAJEED AGED 55 YEARS S/O.ITHOTTI, RESIDING IN THE ADDRESS ILLATH HOUSE, VATTOLI BAZAR P.O., SIVAPURAM AMSOM DESOM, THAMARASSERY TALUK, KOZHIKODE DISTRICT-673 612. 4 K.BALARAMA KURUP AGED 70 YEARS S/O.KUNJIRAMAN NAIR, RESIDING IN THE ADDRESS KIZHAKAYIL HOUSE, PARUMALA P.O., KOZHIKODE DISTRICT 673 017 **WP(C) NO. 8241 OF 2021** **2** 5 BALAKRISHNAN KIDAVU K. AGED 62, S/O.RARUKUTTY MASTER, RESIDING AT KOODATHINKAL HOUSE, KUTYATTU PARAMBATHU, ERMANGALAM POST, KOZHIKODE DISTRICT, PIN CODE-673 612. * ADDITIONAL RESPONDENT NOS.6 AND 7 ARE IMPLEADED *6 BIJU N S/O. BHASKARAN NAIR, 'SREYAS', PADINJATTUMURI, KAKKODI P.O. KOZHIKODE, PIN - 673611 7 C.T.JAYARAJAN AGED 71 YEARS S/O.KUNHIKRISHNAN, SREELAKSHMI, PARAMBIL BAZAAR, KARUVATTOOR, KOZHIKODE, PIN - 673611 (ADDL.R6 & R7 ARE IMPLEADED AS PER ORDER DATED 06.09.2021 IN IA NO. 4/2021) * (ADDITIONAL R6 AND R7 ARE IMPLEADED AS PER ORDER DATED 06.09.2021 IN IA 4/2021 IN WPC NO.8241/2021) ** ** ADDITIONAL RESPONDENT NOS.8 AND 106 ARE IMPLEADED NIRMAL V.P., 8 S/O. BALASUBRAMANYAN, V.P. HOUSE, NANMINDA P.O., KOZHIKODE DITRICT-673613. 9 DINESH KUMAR A.K., S/O. KUNHI KANNAN NAIR P.K., SHANKARALAYAM, NANMINDA P.O., KOZHIKODE DISTRICT-673613. 10 VADAKEDATH GOPALAN, S/O. VADAKEDATH GOVINDAN, VADAKEDATH, BALUSSERY P.O., KOZHIKODE DISTRICT-673612. 11 BHAGAVAL DAS T.G., S/O. GOVINDAN KUTTY NAIR, SREEDEVI NILAYAM, NANMINDA P.O., KOZHIKODE DISTRICT-673613. 12 V.K. PREMACHANDRAN, S/O. BALAKRISHNAN KIDAVU, KRISHNA NIVAS, NANMINDA P.O., KOZHIKODE DISTRICT-673613. 13 NASAR R.P., S/O. R. MARAKAR HAJI, RARICHAM PARAMPATH, KOLIKKAL HOUSE, UNNIKULAM P.O., KOZHIKODE DISTRICT-673574. 14 DINESHAN T., **WP(C) NO. 8241 OF 2021** **3** S/O. RAGHAVAN KIDAVU, THOTTATHIL HOUSE, KARIYATHAN KAVU P.O., KOZHIKODE DITRICT-673612. 15 C.T. JAYARAJAN, S/O. KUNHI KRISHNAN, SREE LAXMI, PARAMBIL BAZAR P.O., KOZHIKODE DISTRICT-673001. 16 R.P. MUHAMMED ALI, S/O. R.P. ABOOBACKER, RP'S BANGLAW, THAMARASSERY P.O., KOZHIKODE DISTRICT-670573. 17 BIJU N., S/O. BHASKARAN NAIR, SHREYAS, KAKKODI P.O., KOZHIKODE DISTRICT-673611. 18 UNNIKRISHNAN P., S/O. DHAMODHARAN P., PADICHERY HOUSE, NANMINDA P.O., KOZHIKODE DISTRICT-673613. 19 ANIL KUMAR C., S/O. K.E. SHEKARAN KIDAVU, CHATHOTH KARIYATHAN KAVU P.O., KOZHIKODE DISTRICT-673612. 20 K. RAMACHANDRAN, S/O. VASU, NEYYANKANDY, KARIYATHAN KAVU P.O., KOZHIKODE DISTRICT-673612. 21 RINEESH, S/O. SREEDHARAN NAMBIAR, VILAYATTERY, CHYAM NIVAS, KARIYATHAN KAVU P.O., KOZHIKODE DISTRICT-673612. 22 K.C.KUMARAN NAIR, S/O. GOPALAN NAIR, VAZHAMBATTA, THAMARASSERY P.O., KOZHIKODE DISTRICT-670573. 23 SURESH V.K., S/O. C.P. UNNIKRISHNAN NAIR, PUTHIYOTTIL HOUSE, KARIYATHAN KAVU P.O., KOZHIKODE DISTRICT-673612. 24 VINOD KUMAR V.P., S/O. VALIYA PARAMBIL ANDI, VALIYAPARAMBIL, NANMINDA P.O., KOZHIKODE DISTRICT-673613. 25 IBRAHIM M., S/O. IMBICHI MAMMADH, MUNDAKKAL HOUSE, EKAROOL P.O., KOZHIKODE DISTRICT-673574. 26 MOHANAN P., **WP(C) NO. 8241 OF 2021** **4** S/O. RAMOTTY, PULLANGOTTUMMAL HOUSE, NANMINDA P.O., KOZHIKODE DISTRICT-673613. 27 GANGADHARAN K., S/O. GOPALAN K., KARUMANDI, NANMINDA P.O., KOZHIKODE DISTRICT-673613. - 28 MINAS T., S/O. MUHAMMED IQBAL, THENENCHERY HOUSE, NANMINDA P.O., KOZHIKODE DISTRICT-673613. 29 ANIL KUMAR M., S/O. UNNI KURUP, ANIL VIHAR, NANMINDA P.O., KOZHIKODE DISTRICT-673613. 30 ANJALI S., D/O. V.K. SUKUMARAN KIDAVU, GOVARDHANAM, CHEEKILODE P.O., KOZHIKODE DISTRICT-673315. - 31 SUMATHI K., D/O. MADHAVAN NAIR, KANDOTH KANDY, SUMASREE, NANMINDA P.O., KOZHIKODE DISTRICT-673613. - 32 V.A. BHASKARAN NAIR, S/O. V.C.P. KARUNAKARAN NAIR, MAYANGAL P.O., KAKKOOR P.O., KOZHIKODE DISTRICT-673613. - 33 SALIH T., S/O. AHMED KUTTY, THOTTATHIL HOUSE, KAKKOOR P.O., KOZHIKODE DISTRICT-673613. - 34 JAYAPRAKASH A.P., S/O. KUNHI RAMAN A.P., RAJASREE HOUSE, NANMINDA P.O., KOZHIKODE DISTRICT-673613. 35 DHAMODHARAN P., S/O. RAMANKUTTY P., POYILIL HOUSE, NANMINDA P.O., KOZHIKODE DISTRICT-673613. 36 C.K. RADHAKRISHNAN, S/O. GOPALAN NAIR, JYOTHIS, NANMINDA P.O., KOZHIKODE DISTRICT-673613. 37 C.P. VENUGOPALAN NAIR, S/O. RAMAN KUTTY KIDAVU, CHERIYAPARAMBATH HOUSE, EKAROOL P.O., UNNIKULAM VIA, KOZHIKODE DISTRICT673574. **WP(C) NO. 8241 OF 2021** **5** - 38 SAVITHA S.V., D/O. VIJAYA RAGHAVAN, PARVANAM, APC ROAD, MALAPARAMBA, KOZHIKODE DISTRICT-673009. 39 ISMAIL E.K., S/O. MOIDI HAJI, EDAVANAKANDY HOUSE, NANMINDA P.O., KOZHIKODE DISTRICT-673613. 40 MUHAMMED SALIH K., S/O. UTHAN HAJI, KOODATHIL HOUSE, NARIKKUNI P.O., KOZHIKODE DISTRICT-673585. 41 PADMANABHAN P.P., S/O. CHAPPUNNI NAIR, MEYANA HOUSE, KAKKUR P.O., KOZHIKODE DISTRICT-673613. - 42 GIRIDHARAN E.K., S/O. KRISHNAN MASTER, SRI KRISHNA NIVAS, BALUSSERY P.O., KOZHIKODE DISTRICT-673612. - 43 RAJAN K., S/O. A.V. RAGHAVAN, ANJANAM, BALUSSERY P.O., KOZHIKODE DISTRICT-673612. - 44 AHAMED SUHAIL A.Y., S/O. YOUSUF MASTER, DHARUL HANNA, KANDIYOTH HOUSE, VATTOLI BAZAR P.O., KOZHIKODE DISTRICT-673623. - 45 UMMER K.K., S/O. POYIL MOIDI, KANDOTHUKANDY HOUSE, VATTOLI BAZAR P.O., KOZHIKODE DISTRICT-673623. 46 MUHAMMED ALI K., S/O. MOIDU HAJI, KARATTUMMAL HOUSE, EKAROOL P.O., UNNIKULAM VIA, KOZHIKODE DISTRICT-673574. 47 SASEENDRAN U.K., S/O. DHAMODHARAN NAIR, UNNIKORAN KANDIYIL HOUSE, NARIKKUNI P.O., KOZHIKODE DISTRICT-673585. 48 AMJITH P.R., S/O. RAJAGOPALAN, ADERA, NARIKKUNI P.O., KOZHIKODE DISTRICT-673585. 49 SURENDRA NATH P., S/O. GOVINDHAN, THONOYATT HOUSE, PANNIKOTTOOR P.O., KODUVALLY VIA, KOZHIKODE DISTRICT-673572. **WP(C) NO. 8241 OF 2021** **6** 50 JABIR A.P., S/O.IMBICHI MAMMAD, ARUPARAMBATH HOUSE, NANMINDA P.O., KOZHIKODE DISTRICT-673613. 51 BASHEER T., S/O. AHMED KUTTY, THOTTOLI HOUSE, NANMINDA P.O., KOZHIKODE DISTRICT-673613. 52 ARUN NATH S.R., S/O. RAVEENDRAN, SREEPADHAM, PUNNASSERY P.O.,KOZHIKODE DISTRICT-673585. 53 ABDUL SALAM V.K., S/O. ABDUL RAHMAN KUTTY, NADUVILAYIL HOUSE, NANMINDA P.O., KOZHIKODE DISTRICT-673613. 54 VIJAYAN K., S/O. GOPALAN K., KARUMANDI HOUSE, NANMINDA P.O., KOZHIKODE DISTRICT-673613. 55 ARUN K., S/O. BHARATHAN K., KARUMANDIYIL HOUSE, NANMINDA P.O., KOZHIKODE DISTRICT-673613. 56 SAJITH KUMAR, S/O. GOPALA KRISHNAN, AKKIL HOUSE, NANMINDA P.O., KOZHIKODE DISTRICT-673613. 57 ANOOP K., S/O. UNNI KRISHNAN KIDAVU, SUJA NIVAS, KAKKUR P.O., KOZHIKODE DISTRICT-673613. 58 ANOOP KUMAR T., S/O. KARUNAKARAN NAIR, PADINJARE THEKKEDATH HOUSE, NANMINDA P.O., KOZHIKODE DISTRICT-673613. 59 DEVADAS T., S/O. VASUDEVA KURUP, KRISHNA KRIPA, NANMINDA P.O., KOZHIKODE DISTRICT-673613. 60 VINOD T.V., S/O. SHANKARAN NAIR, VALIYAPARAMBIL HOUSE, NANMINDA P.O., KOZHIKODE DISTRICT-673613. 61 SREEJESH KUMAR K.K., S/O. GANGADHARA KURUP, AMARAVATHY HOUSE, BRLLIKKUNNU, KAKKUR P.O., KOZHIKODE DISTRICT673613. **WP(C) NO. 8241 OF 2021** **7** 62 BIJU N., S/O. NARAYANAN NAIR, SUDIN, KAKKUR P.O., KOZHIKODE DISTRICT, PIN-673613. 63 DILEESH R., S/O. RAGHAVA KURUP, ROSE BHAVAN, ARAPPUZHA, PANDHEERAMKAVU, KOZHIKODE-673019. 64 DINESH BABU P.K., S/O. NANAYANAN NAIR, INDRAPRASTHAM, KAKKUR P.O., KOZHIKODE DISTRICT-673613. 65 JAYAPRAKASH K., S/O. KARUNAKARAN NAIR, KOZHIKOLLIYIL HOUSE, KAKKOOR P.O., KOZHIKODE DISTRICT-673613. 66 GANESHAN K.K., S/O. BALAN K.K., KUNIYIL THAZHE MOOLATTU P.O., KOZHIKODE DISTRICT-673614. 67 SUNIL KUMAR K., S/O. KARUNAKARAN NAIR K., KALLANGAT HOUSE, THIRUVALLUR P.O., KOZHIKODE DISTRICT-673541. 68 JAYARAMAN E., S/O. KELAPPAN, EZHUKULATHIL HOUSE, KUNNATHARA P.O., KOZHIKODE DISTRICT-673620. 69 ANIL KUMAR C.M., S/O. VELAYUDHAN, CHENGOTTU METTHAL, ORAVIL P.O., KOZHIKODE DISTRICT-673501. 70 MANOJ KUMAR P.K., S/O. RAGHAVAN P.K., EZHUKULATHIL HOUSE, ULLIYERI P.O., KOZHIKODE DISTRICT-673620. 71 PRASANANDHAN K.K., S/O. BALAN K.K., VALIYA KUNNOTH, ULLIYERI P.O., KOZHIKODE DISTRICT-673620. 72 SURESH E.K., S/O. KUMARAN MASTER, MAPPURATH HOUSE, ULLIYERI P.O., KOZHIKODE DISTRICT-673620. 73 PUSHPA RAJAN, S/O. SREEDHARAN, PAZHANKUNNATH, PANANGAD P.O., KOZHIKODE DISTRICT-673620. **WP(C) NO. 8241 OF 2021** **8** 74 BABU M., S/O. JANAKI AMMA, PADINJARE PALLIYIL, ULLIYERI P.O., KOZHIKODE DISTRICT-673620. 75 BIJU C.K., S/O. KUDUNGON, CHENIKANDI, KURUVANNOOR P.O., KOZHIKODE DISTRICT-673008. 76 SADATH RAHMAN P., S/O. ABOOBACKER, PUNATHIL HOUSE, NANMINDA P.O., KOZHIKODE DISTRICT-673613. 77 SADIQ RAHMAN, S/O. AHMED KOYA, PUNATHIL HOUSE, NANMINDA P.O., KOZHIKODE DISTRICT-673613. 78 SONURAG, S/O. RAGHAVAN KARIMBOONATH, KARIMBOONATH HOUSE, NANMINDA P.O., KOZHIKODE DISTRICT-673613. 79 RATHEESH K., S/O. BALAN K. KARIMBOONATH HOUSE, NANMINDA P.O., KOZHIKODE DISTRICT-673613. 80 RAJENDRAN K., S/O. KUNHIRAMAN, PUTHALATH HOUSE, NANMINDA P.O., KOZHIKODE DISTRICT-673613. 81 SUDHEER N.K., S/O. CHOYIKUTTY, NELLIKKUNNUMMAL HOUSE, NANMINDA P.O., KOZHIKODE DISTRICT-673613. 82 RAVEENDRAN K., S/O. RAMAN KUTTY NAIR, KIZHAKKAYIL HOUSE, NANMINDA P.O., KOZHIKODE DISTRICT-673613. 83 AKHILESHAN, S/O. APPU, AMMA, KAREETTIPURATH HOUSE, NANMINDA P.O., KOZHIKODE DISTRICT-673613. 84 VIJAYAN A., S/O. SARADHA AMMA, ACHILATH HOUSE, NANMINDA P.O., KOZHIKODE DISTRICT-673613. 85 SURESH KUMAR, PUNATHIL HOUSE, AMBALAPPAD P.O., KOZHIKODE DISTRICT-673573. **WP(C) NO. 8241 OF 2021** **9** - 86 VINI N.K., W/O. ANOOP SREESHARAN, SREE, CIVIL STATION P.O., KOZHIKODE DISTRICT-673001. - 87 PRAMEELA MOHANDAS, W/O. MOHANDAS, PRASADAM, MALAPPARAMBA P.O., KOZHIKODE DISTRICT-673009. - 88 BASHEER R., S/O. ABU HAJI R., RAROTH HOUSE, KINALOOR P.O., KOZHIKODE DISTRICT-673612. 89 ANJANA DAS, S/O. GOPALAN NAIR, URALI KUNNUMMAL HOUSE, NANMINDA P.O., KOZHIKODE DISTRICT-673613. 90 SASIDHARAN P.P., S/O. NARAYANAN NAIR, THATTARUKANDY, NANMINDA P.O., KOZHIKODE DISTRICT-673613. 91 SHINOY C.R., S/O. RAGHAVAN C.R., SWATHY, CHEELILODE P.O., KOZHIKODE DISTRICT-673315. 92 MUHHAMED NASIR, S/O. MAMMU PALLIYATH, PALLIYATH HOUSE, NANMINDA P.O., KOZHIKODE DISTRICT-673613. 93 SHAMSUDHIN P., S/O. ASSAN, PUTHIYAPARAMBATH HOUSE, NANMINDA P.O., KOZHIKODE DISTRICT-673613. 94 JAMALUDHIN A.K., S/O. MUHAMMED KOYA, ALOCKATTIL HOUSE, ERAMANGALAM P.O., KOZHIKODE DISTRICT-673612. 95 MUHAMMED KOYA, S/O. KUNHAVARAN KOYA, ARAKKAL HOUSE, ERMAGALAM P.O., KOZHIKODE DISTRICT-673612. 96 DILSHAD V.K., S/O. ABDUL RAHMAN V.K., MANAKALLOTTY HOUSE, NANMINDA P.O., KOZHIKODE DISTRICT-673613. 97 RAJESH C., S/O. KRISHNAN KUTTY NAIR, CHERUVANATHIL HOUSE, KAKKOOR P.O., KOZHIKODE DISTRICT-673612. **WP(C) NO. 8241 OF 2021** **10** 98 RAJIL KUMAR C.G., S/O. GOVINDAN KUTTY NAIR, COMBILADU HOUSE, BALUSSERY P.O., KOZHIKODE DISTRICT-673612. 99 RAMACHANDRAN P., S/O. DHAMODHARAN NAIR, POOKKATTU, KANNANKARA P.O., KOZHIKODE DISTRICT-673616. 100 BASHEER P.P., S/O. MOIDI, THEKKEVALAPPIL HOUSE, KARUMALA P.O., KOZHIKODE DISTRICT-673612. 101 GIREESH K., S/O. PADMANABHAN NAIR, EDAVANA, KARUMALA P.O., KOZHIKODE DISTRICT-673612. 102 SASI KUMAR V.S., S/O. SREEDHARAN NAIR, SREE NANDHANAM, KARADI, THAMARASSERY P.O., KOZHIKODE DISTRICT-673573. 103 SUMUGAN M.K., S/O. RAMAN C.K., MANNARAKANDY HOUSE, NANMINDA P.O., KOZHIKODE DISTRICT-673613. 104 MUHAMMED SALIH T., S/O. KOYA KUTTY T., THEYYEMPADI HOUSE, NANMINDA P.O., KOZHIKODE DISTRICT-673613. 105 ABDUL SAMAD A.K., S/O. ABDULLAH HAJI, PUNATHIL HOUSE, NANMINDA P.O., KOZHIKODE DISTRICT-673613. 106 MUHAMMED BASHEER, S/O. KITTYALI HAJI, MUNDOTHU KANDY, UNNIKULAM P.O., KOZHIKODE DISTICT-673574. **(ADDITIONAL R8 TO R106 ARE IMPLEADED AS PER ORDER DATED 28/10/2021 IN IA 5/2021 IN WPC NO.8241/2021) *** ADDITIONAL RESPONDENT NOS.107 TO 111 ARE IMPLEADED MARIYAM BEEVI 107 AGED 71 YEARS, D/O KALANTHANKUTTY SAHIB, RESIDING AT PUTHIYOTTIL VEEDU, DOOR NO.2/103, NANMINDA P.O., BALASSERRY, KOZHIKODE 673613. **WP(C) NO. 8241 OF 2021** **11** 108 K.BEEVI AGED 70 YEARS, D/O KALANTHAN KUTTY SAHIB, RESIDING AT 44/582, PLOT NO.29, CHERUTTY NAGAR, PUTHIYARA P.O., KOZHIKODE -673004 109 P.KHADEEJA BEEVI AGED 68 YEARS, D/O KALANTHAN KUTTY SAHIB, KURULI HOUSE, NANMINDA P.O., KOZHIKODE -673613. 110 K.SAINABA AGED 60 YEARS, D/O KALANTHAN KUTTY SAHIB, RESIDING AT MUNDAKKARA HOUSE, NANMINDA P.O., KOZHIKODE DISTRICT-673613. 111 P.M.BUSHRA AGED 58 YEARS D/O SAKKARIA PUTHIYOTTIL, RESIDING AT PUTHIYOTTIL HOUSE, NANMINDA P.O., KOZHIKODE-673613. *** ADDITIONAL RESPONDENT NOS.107 TO 111 ARE IMPLEADED AS PER ORDER DATED 20.12.2021 IN I.A. NO.6 OF 2021. BY ADVS. GOVERNMENT PLEADER SRI.K.P.SUDHEER V.M.KRISHNAKUMAR K.K.CHANDRAN PILLAI (SR.) S.S.ARAVIND MILLU DANDAPANI SMT.C.K.SHERIN SRI.P.K.SURESH KUMAR (SR.) S.AMBILY MICKY THOMAS SAJI THOMAS SRI BIJOY CHANDRAN, SR. GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: **WP(C) NO. 8241 OF 2021** **12** ## **JUDGMENT** This writ petition is filed seeking to quash Ext.P5 and for incidental reliefs. 2. Ext.P5 is an order passed by the DEO under Chapter III Rule 5 of the Kerala Education Rules approving the appointment of the 5th respondent as the Manager of the Nanminda High School Society for the period commencing from 24.1.2021 to 23.1.2024. 3. A thumbnail sketch of the facts as is discernible from the pleadings are as follows : (a) The 1st petitioner was elected as a Manager of the Nanminda High School, Balusseri, in a validly convened meeting on 24.1.2018. Contending that the meeting held on 24.1.2018 was invalid and that the minutes were fabricated, a dissident group led by respondents 3 & 4 among others had approached the DEO, Thamarassery. Pursuant to directions issued by this Court, the DEO passed an order approving the 1st petitioner herein as the Manager for the period from 24.1.2018 to 23.1.2021 or until a new Manager is elected under the supervision of the Civil Court. (b) The said order was challenged by the dissident group before the DPI who ordered the DEO to act as temporary Manager till a decision is rendered by the civil court. Being aggrieved, the 1st petitioner approached **WP(C) NO. 8241 OF 2021** **13** the Government. The Government after considering the contentions of both sides, allowed the 1st petitioner herein to continue as Manager temporarily. The said order was challenged before this Court on various grounds. This Court took note of the fact that two of the members had filed O.S.No.218/2018 before the Munsiff Court, Kozhikode for a declaration that the meeting which was held on 24.1.2018 was invalid and for an injunction against the office-bearers. This Court also took note of the contention of the dissident group that a meeting of the general body was convened on 27.5.2018 under the supervision of an Advocate commissioner appointed in the suit and the decisions made in the meeting held on 24.1.2018 were superseded and a fresh executive committee was elected. After considering the entire facts, this Court took the view that a vacuum in the management of the school was undesirable. The election of the contesting parties and the right to their office were also in dispute. This Court went on to hold that the order of the Government permitting the 1st petitioner herein to act as Manager temporarily cannot be faulted. The writ petition was disposed of directing the petitioners therein to approach the Civil court or to get the civil case expedited and till a decision is taken by the civil court, the 1st petitioner herein was permitted to continue as Manager temporarily as directed by the Government. 4. The petitioners contend that the matter was taken in appeal and by Ext.P3 judgment, a Division Bench of this Court held that C.P.Venugopalan Nair, the 1st petitioner herein, having managed the affairs for quite a long **WP(C) NO. 8241 OF 2021** **14** time, it is only appropriate that he continues as a Manager until a decision is taken by the Civil Court in the pending suit. 5. While so, claiming that a new committee was constituted on 21.1.2021 a proposal was submitted before the 2nd respondent seeking approval of the 5th respondent as the Manager. O.S.No.38/2021 and O.S.No.37/2021 were thereafter filed before the Munsiff Court, Kozhikode raising untenable contentions. These are all done behind the back of the petitioners and the 1st petitioner being the temporary manager appointed by the Government, ought to have been put on notice. No opportunity was given to the 1st petitioner to object to the proposal. Apprehending that an adverse order would be passed the petitioner approached this Court and filed W.P.(C) 7602 of 2021, which writ petition is pending consideration. According to the petitioners, it is the outgoing committee that has to decide as to when an election has to be called. The conduct of the election without following the lawful process is illegal, contends the petitioner. It is further contended that the 2nd respondent by the passing of Exhibit P5 order has managed to overreach the directions issued by the Division Bench. 6. In the counter affidavit filed by respondents 3 and 4, it is contended that the petitioners have a statutory remedy under Rule 4 (3) of Chapter III, if they are in any way aggrieved by Ext.P5 order. It is also stated that the educational agency has not been arrayed as a party to the proceedings and hence the writ petition is not maintainable. According to respondents 3 and 4, the period of the Managing Committee had expired on **WP(C) NO. 8241 OF 2021** **15** 31.12.2020 and the term of the Manager had come to an end on 23.1.2021. The 3rd respondent in his capacity as the President convened a general body meeting on 21.1.2021 after issuing notice to all the members including the 1st petitioner. Annexure-R4(j) would substantiate the fact that a registered notice issued to the 1st petitioner was returned with an endorsement ‘unclaimed. Returned to sender’. Ext.R4(k) is the postal receipt evidencing the fact that the registered notice was sent to the 1st petitioner. It is stated that in the meeting held on 21.1.2021, the 3rd respondent was elected as the President and the 4th respondent was elected as the Secretary. The 5th respondent was elected as the Manager and the newly formed committee assumed office on 23.1.2021. It is further stated that the former President of the Society Sri. Minas Thenachery, whose resignation was accepted by the General body proposed to convene a general body meeting on 7.2.2021. On receipt of the notice, respondents 3 and 4 instituted O.S.No. 38/2021 seeking injunction and by order dated 23.3.2021, the court of Munsiff interdicted Sri. Minas Thenachery from convening the general body meeting. It is thereafter that the plaintiffs in O.S.No.218/2018 had sought permission to withdraw the suit and by Ext.R4(o) the suit was withdrawn. 7. A counter affidavit has been filed by the 5th respondent wherein it is contended that the writ petition itself is not maintainable. Relying on the provisions of the bye-laws, it is contended that by the earlier Government Order, the Government had permitted the 1st petitioner to continue as Manager for a period of three years from 24.1.2018 till 23.1.2021 or till the **WP(C) NO. 8241 OF 2021** **16** Civil Court decides the issue whichever is earlier. O.S.No. 218/2018 was withdrawn and in that view of the matter, the period of temporary managership expired on 23.1.2021. The general body of the Nanminda High School Society was convened as per notice dated 27.12.2020 on 21.1.2021 and 29 members had attended the meeting. Sri. Abdul Majeed was elected as the President and Sri.K.Balarama Kurup was elected as the Secretary. The 5th respondent was appointed as the Manager by the new committee. An application for transfer of managership was submitted to the DEO on 23.1.2021 and it is on its basis that Ext.P5 order was passed. According to the 5th respondent, the General body was held after complying with all the procedures and after issuing notice to all concerned. 8. A counter affidavit has been filed by respondents 6 and 7 supporting the contentions of the petitioners. It is contended that a perusal of Exhibit P5 appointment order would reveal that the appointment was for a period of three years and in view of the above it cannot be said that the appointment was a temporary measure. The respondent would point out that the DEO who passed the order had retired from service on 31.3.2021 and the said fact would speak volumes about the manner in which the Exhibit P5 order was passed. It is contended that the 5th respondent was never admitted as a member of the society and therefore he cannot be appointed as the manager of the school. It is further stated that the stand taken by the respondents 3 to 5 that they have convened a general body meeting on 21/01/2021 and notice for the same was given by the third respondent are all **WP(C) NO. 8241 OF 2021** **17** baseless and untenable. According to respondents 6 and 7, the 3rd respondent had no power or authority to issue notice for the general body meeting of the school society since he is not the President of the Society and the 4th respondent is not the Secretary. They were removed from the Committee as per the decision of the governing body dated 14/10/2018 which was rectified by the general body in the meeting held on 27.10.2018. It is stated that the general body meeting could only be convened by the present President Sri. Minas and no one else as asserted by the respondents 3 to 5. It is further stated that a large number of members did not receive the notice of the general body. No general body meeting could have been convened without the knowledge of the existing committee and without the knowledge of the present manager. It was ignoring all these aspects that the DEO has granted approval to the appointment of the 5th respondent. It is further stated that the period of the appointment of the 1st petitioner was due to expire only on 23/01/2021 and in that view of the matter, no other committee could have taken charge on 23/01/2021. Only 29 numbers participated in the alleged meeting which was held on 21/01/2021 while the total membership of the school society was about 134. According to respondents 6 and 7, this Court while disposing of the Writ petition had ordered that the 1st petitioner shall continue as manager temporarily till a decision is taken by the Civil court. Furthermore, this Court had also held that unless there is a finding of the Civil Court that the meeting or election held on 24/01/2018 is invalid, the order passed by the DEO dated 18.2.2019 and the **WP(C) NO. 8241 OF 2021** **18** order passed by the government cannot be said to be improper. It is with a view to bypass the aforesaid orders that O.S.No. 218 of 2018 was withdrawn by the plaintiffs. It is contended that no finding or decision was taken by the Civil Court that the meeting dated 24.01.2018 is invalid and in that view of the matter, the 1st petitioner could not have been removed from the managership. 9. I have heard Sri. Sreekumar Chelur, the learned counsel appearing for the petitioners, Sri.P.K. Suresh Kumar, the learned Senior Counsel appearing for respondents 3 and 4 as instructed by Sri. K.P.Sudheer, Sri. K.K.Chandran Pillai, the learned senior counsel appearing for respondents 6 and 7 as instructed by Smt. Ambili S. and Sri. Renjith Thampan, the learned Senior counsel appearing for the 5th respondent as instructed by Sri. V.M.Krishnakumar and the learned Senior Government pleader. 10. The controversy in this writ petition revolves around the order dated 20.3.2021 passed by the District Educational Officer, Thamarassery by which approval was granted to the 5th respondent to function as Manager of the Nanminda Higher Secondary School for the period commencing from 24.1.2021 to 23.1.2024. Undisputedly, the order was passed in exercise of the powers of the DEO conferred under Rule 4(3) of Chapter III of the Kerala Education Rules. 11. Chapter III of the Kerala Education Rules deals with the management of private schools. Rule 4 in Chapter III provides for the **WP(C) NO. 8241 OF 2021** **19** ## approval of the appointment of the Managers. The said provision reads thus: 4. Approval of appointment of Managers – - (1) The Educational Officers shall be competent to approve the appointment of Managers by Educational Agencies and to approve changes in the personnel of the Managers. - (2) If the Educational Agencies have schools in more than one Educational District within a Revenue District the appointment of managers and changes in the personnel of the managers may be approved by the Deputy Director (Education) having jurisdiction in the Revenue District if the Educational Agencies have schools in more than one Revenue District the appointment of managers and changes in the personnel of the Managers may be approved by the Director of Public Instruction. - (2A) The approval of the appointment of Managers and Changes in the personnel of the Managers under sub- rules (1), and (2) above shall take effect from the date of actual assumption of charge of the management specified in the order of approval issued by the competent authorities concerned. - (3) Any person aggrieved by an order of the Educational Officer under sub-rule (1) or of the Deputy Director (Education) under sub-rule (2) may within 30 days from the date of receipt of the order prefer an appeal to the Director. - (4) Government may, on their own motion or otherwise, revise any order passed by the Director of Public Instruction. **WP(C) NO. 8241 OF 2021** **20** 12. As per Rule 4(3), any person aggrieved by an order of an Educational Officer, under sub-rule (1) had a statutory remedy in preferring an appeal to the Director and power is also conferred on the Government to revise any order passed by the DGE on their own motion or otherwise. The legislature has cautiously used the word ‘any person’ so that any individual who is aggrieved by the order passed by the DEO is entitled to approach the superior authority. 13. Instead of approaching the DGE, the petitioner has approached this Court with this writ petition. In order to maintain the writ petition before this Court, the contention of the 1st petitioner is that as the former Manager whose period had expired, the DEO was bound to hear him as well before passing the impugned order. From the counter affidavit filed by the DEO, it has come out that the Secretary of the Nanminda High School Society had submitted an application on 25.1.2021 along with the minutes of the general body meeting convened on 21.1.2021. The DEO, after perusal of the documents produced by the Secretary, had approved the appointment of the 5th respondent as the manager of the school. The rules do not mandate the DEO to hear the former Manager before taking a decision. 14. In **Radha Krishan Industries v. State of Himachal Pradesh** [AIR 2021 SC 2144 ] the Apex Court has summarized the principles governing the exercise of writ jurisdiction by the High Court in the presence of an alternate remedy. It was observed as follows: **WP(C) NO. 8241 OF 2021** **21** - “28. The principles of law which emerge are that: - (i) The power under Article 226 of the Constitution to issue writs can be exercised not only for the enforcement of fundamental rights but for any other purpose as well; - (ii) The High Court has the discretion not to entertain a writ petition. One of the restrictions placed on the power of the High Court is where an effective alternative remedy is available to the aggrieved person; - (iii) Exceptions to the rule of alternate remedy arise where (a) the writ petition has been filed for the enforcement of a fundamental right protected by Part III of the Constitution; (b) there has been a violation of the principles of natural justice; (c) the order or proceedings are wholly without jurisdiction; or (d) the vires of a legislation is challenged; - (iv) An alternate remedy by itself does not divest the High Court of its powers under Article 226 of the Constitution in an appropriate case though ordinarily, a writ petition should not be entertained when an efficacious alternate remedy is provided by law; - (v) When a right is created by a statute, which itself prescribes the remedy or procedure for enforcing the right or liability, resort must be had to that particular statutory remedy before invoking the discretionary remedy under Article 226 of the Constitution. This rule of exhaustion of statutory remedies is a rule of policy, convenience and discretion; and - (vi) In cases where there are disputed questions of fact, the High Court may decide to decline jurisdiction in a writ petition. However, if the High Court is objectively of the view that the nature of the controversy requires the exercise of its writ jurisdiction, such a view would not readily be interfered with.” 15. When a right is created by a statute, which itself prescribes the remedy or procedure for enforcing the right or liability, resort must be had to that particular statutory remedy before invoking the discretionary remedy **WP(C) NO. 8241 OF 2021** **22** under Article 226 of the Constitution. This rule of exhaustion of statutory remedies is a rule of policy, convenience and discretion. I find no exceptional cause made out by the petitioner to persuade this Court to interfere with the impugned order. I am of the considered opinion that the interest of the administration of justice shall be better subserved if the issues raised by the petitioner, which also involves disputed questions of fact, are heard and decided by the statutory authority. The involvement of this Court would be required only when the petitioner raises primary questions of jurisdiction or in respect of those matters which go to the very root of jurisdiction or in cases where the authorities have acted beyond the provisions of the Act. No such circumstances are brought out in the instant case. I find no reason to delve into the disputed facts in this writ petition filed under Article 226 of the constitution of India, particularly when it is settled that this Court would refrain from exercising writ jurisdiction under Article 226 of the Constitution if an effective and efficacious alternate remedy is available. 16. The next contention of the petitioners is that respondents 3 to 5 have no locus to convene a general body and hence, the decision taken by them on 21.1.2021 will have no force in the eye of law. I find that the 1st petitioner has already approached the Civil Court and has filed O.S.No.132/2021 challenging the decision dated 21.1.2021. However, no orders have been passed by the Civil Court to date. From Annexure-R4(m) orders passed by the learned Munsiff, I find that respondents 3 and 4 as plaintiffs had approached the Additional Munsiff Court -I, seeking to restrain **WP(C) NO. 8241 OF 2021** **23** Sri. Minas Thenachery from convening a general body of the Nanminda High School Society and by order dated 23.1.2021 in I.A.No. 2/2021 in O.S.No.38/2021, the learned Munsiff had granted an order of injunction as prayed for. The aforesaid turn of events would show that the general body meeting of the society held on 21.1.2021 and the decision which was taken by the members have not been interfered with by the civil court. 17. This Court by an interim order dated 15.7.2021, taking note of the pendency of a civil suit filed by the 1st petitioner challenging the meeting held on 21.1.2021, had permitted Sri. C.P.Venugopalan to continue as Manager subject to the rider that he shall not make any appointments without obtaining orders from this Court. I am of the view that as the writ petition was entertained and an interim order was granted to the 1st petitioner, while relegating the petitioners to the statutory authority, necessary directions can be issued. It is also made clear that the DGE shall entertain the appeal notwithstanding the delay in approaching the said authority. Resultantly, while declining interference with Ext.P5 order, there will be a direction to the petitioners to approach the DGE and prefer an appeal under Rule 4(3) of Chapter III of the KER. If the appeal is preferred within a period of two weeks from today, the DGE shall entertain the same and take a decision on its merits within a period of two months from the date of filing of the appeal. Before passing orders, all the affected parties including the petitioners and the party respondents shall be afforded an opportunity of **WP(C) NO. 8241 OF 2021** **24** being heard. To enable the petitioners to approach the DGE and avail the statutory remedy, the interim order granted by this Court on 29.3.2021 shall remain in force for a period of two weeks from today. Till such date, the 1st petitioner shall not make any appointments nor take any policy decision in respect of the school. This writ petition will stand disposed of. **Sd/-** **RAJA VIJAYARAGHAVAN V** **JUDGE** ps **WP(C) NO. 8241 OF 2021** **25** ## **APPENDIX** PETITIONER(S) EXHIBITS EXHIBIT P1 A TRUE COPY OF THE BYE LAW OF THE SOCIETY ORIGINALLY ISSUED DATED 10.5.1950. EXHIBIT P2 A TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.4879 OF 19 AND 10514 OF 19 DATED 20.8.19 BY THIS HON'BLE COURT. EXHIBIT P3 A TRUE COPY OF THE JUDGMENT DELIVERED IN W.A. NO.2258 AND 2257 OF 19 DATED 3.2.20 BY THIS HON'BLE COURT. EXHIBIT P4 A TRUE COPY OF THE PLAINT IN O.S.NO.38 OF 21 DATED 4.2.21 ON THE FILE OF THE MUNSIFF COURT, KOZHIKODE. EXHIBIT P5 A TRUE COPY OF THE ORDER PASSED DATED 20.3.2021 EXHIBIT P6 A TRUE COPY OF THE COMMUNICATION OF THE ASSISTANT ENGINEER, PWD, BALUSSERI DATED 10/06/2019. EXHIBIT P7 A TRUE COPY OF THE COUNTER STATEMENT FILED BY THE DEFENDANT IN O.S.NO.38/2021 DATED 12/02/2021. EXHIBIT P8 A TRUE COPY OF THE ORDER OF THE DEO DATED 29/04/2021. RESPONDENT(S) EXHIBITS : EXHIBIT R4(A) CERTIFIED COPY OF APPROVED BYE LAW OF NANMINDA HIGH SCHOOL SOCIETY ISSUED BY REGISTRAR OF SOCIETIES, KOZHIKODE. EXHIBIT R4(B) TRUE COPY OF ORDER NO. A1/3122/2016 DATED 15/06/2016 ISSUED BY THE 2ND RESPONDENT. EXHIBIT R4(C) TRUE COPY OF THE MINUTES OF THE GENERAL BODY MEETING HELD ON 24.01.2018. **WP(C) NO. 8241 OF 2021 26** |EXHIBIT R4(D)|TRUE COPY OF MINUTES OF THE EXECUTIVE| |---|---| ||COMMITTEE HELD ON 24.01.2018.| |EXHIBIT R4(E)|TRUE COPY OF ORDER NO. A5/549/2018/K. DIS| ||DATED 20/06/2018 ISSUED BY THE 2ND| ||RESPONDENT.| |EXHIBIT R4(F)|TRUE COPY OF REPORT DATED 30.5.2018| ||SUBMITTED BY THE ADVOCATE COMMISSIONER IN| ||O.S. NO.218/2018 ON THE FILE OF THE| ||MUNSIFF'S COURT, KOZHIKODE.| |EXHIBIT R4(G)|TRUE COPY OF LETTER DATED 17.6.2018| ||SUBMITTED BY SRI. MINAS THENACHERY.| |EXHIBIT R4(H)|TRUE COPY OF MINUTES OF THE MEETING DATED| ||18.7.2018.| |EXHIBIT R4(I)|TRUE COPY OF NOTICE DATED 11/01/2021| ||ISSUED BY THE 3RD RESPONDENT.| |EXHIBIT R4(J)|TRUE COPY OF THE INLAND LETTER GOT ISSUED| ||TO THE FIRST PETITIONER.| |EXHIBIT R4(K)|TRUE COPY OF POSTAL RECEIPT ISSUED BY THE| ||POSTAL AUTHORITIES WHILE SENDING EXHIBIT| ||R4(J) LETTER.| |EXHIBIT R4(L)|TRUE COPY OF NOTICE DATED 26/01/2021| ||ISSUED BY ERSTWHILE PRESIDENT OF THE| ||SOCIETY SRI. MINAS THENACHERY.| |EXHIBIT R4(M)|TRUE COPY OF ORDER DATED 23.3.2021 IN I.A.| ||NO.2/2021 IN O.S. NO.38/2021 ON THE FILE| ||OF THE MUNSIFF'S COURT-I, KOZHIKODE.| |EXHIBIT R4(N)|TRUE COPY OF APPLICATION NUMBERED AS I.A.| ||NO.04/2021 TO WITHDRAW O.S. NO.218/2018 ON| ||THE FILE OF THE MUNSIFF'S COURT,| ||KOZHIKODE.| |EXHIBIT R4(O)|TRUE COPY OF JUDGMENT DATED 04.03.201 IN| ||O.S. NO.218/2018 PASSED BY MUNSIFF'S| ||COURT -I, KOZHIKODE.| |EXHIBIT R2(a)|TRUE COPY OF THE ORDER DATED 20.6.2018 OF| ||DEO, THAMARASSERY.| **WP(C) NO. 8241 OF 2021** **27** EXHIBIT R6(a) COPY OF LETTER DATED 26.01.21 SUBMITTED BY MINAS THENANCHERY BEFORE THE 2ND RESPONDENT. EXHIBIT R6 (b) COPY LETTER DATED 29.04.21 GIVEN BY THE 2ND RESPONDENT TO MINAS THENANCHERY. EXHIBIT R6 (c) COPY OF MINUTES OF MEETING DATED 27.10.2019 OF THE NANMINDA HIGH SCHOOL SOCIETY. EXHIBIT R6 (d) COPY OF COUNTER AFFIDAVIT DATED 12.02.2201 FIELD BY MINAS IN O.S. NO.38 OF 2021 BEFORE THE MUNSIFF'S COURT, THALASSERY. EXHIBIT R5 (a) TRUE COPY OF THE PROCEEDINGS NO. A5/549/2018/K. DIS DATED 20.06.2018. EXHIBIT R5 (b) TRUE COPY OF THE GOVERNMENT ORDER GO (RT) NO.614/2019/G.EDN. DATED 16.02.2019. EXHIBIT R5 (c) TRUE COPY OF THE MINUTES OF THE MEETING DATED 27.12.2020 OF THE NANMINDA HIGH SCHOOL SOCIETY. EXHIBIT R5 (d) TRUE COPY OF THE MINUTES OF THE COMMITTEE DATED 21.01.2021. EXHIBIT R5 (e) TRUE COPY OF THE APPLICATION FOR TRANSFER OF MANAGER DATED 23.01.2021. EXHIBIT R5 (f) TRUE COPY OF THE ORDER OF THE DISTRICT EDUCATIONAL OFFICER, DATED 20.03.2021.