Kerala High Court
Gautam Krishna vs Rani Krishna K.B on 3 August, 2022
Author: Alexander Thomas
Bench: Alexander Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
WEDNESDAY, THE 3RD DAY OF AUGUST 2022 / 12TH SRAVANA, 1944
WA NO. 804 OF 2022
JUDGMENT WP(C) 17534/2022 OF HIGH COURT OF KERALA
APPELLANT/6TH RESPONDENT:
RANI KRISHNA K.B.
AGED 44 YEARS
W/O. PADMA GIRISH, RESIDING AT KRISHNANJANAM,
KUNNICODE P.O., KOLLAM DISTRICT - 691 508.
BY ADVS.
GEORGE ABRAHAM
JOSEPH GOPURAN
RESPONDENTS/PETITIONERS & RESPONDENTS 1-5, 7 & 8:
1 GAUTAM KRISHNA , AGED 23 YEARS
S/O. LATE K.B. RADHAKRISHNAN, RESIDING AT
KRISHNAVILASAM BUNGALOW, VENDAR P.O., KOTTARAKKARA,
KOLLAM DISTRICT - 691 507.
2 DR. M.R. BINDU,
RESIDING AT KRISHNAVILASAM BUNGALOW, VENDAR P.O.,
KOTTARAKKARA, KOLLAM DISTRICT - 691 507..
3 STATE OF KERALA,
REPRESENTED BY PRINCIPAL SECRETARY, GENERAL
EDUCATION (F) DEPARTMENT, GOVERNMENT SECRETARIAT
ANNEX -II, THIRUVANANTHAPURAM - 695 001.
4 THE DIRECTOR OF GENERAL EDUCATION,
OFFICE OF THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THYCAUD, THIRUVANANTHAPURAM - 695 014.
WA No.804/2022 & con.cases
..2..
5 THE ADDITIONAL DIRECTOR OF GENERAL EDUCATION,
OFFICE OF THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THYCAUD, THIRUVANANTHAPURAM - 695 014.
6 THE DEPUTY DIRECTOR OF EDUCATION, GOVERNMENT
BHSS CAMPUS, THEVALLY, KOLLAM - 691 009.
7 DISTRICT EDUCATIONAL OFFICER,
NEAR KOTTARAKKARA POLICE STATION, KOTTARAKKARA -
691 506.
8 LEKSHMI KRISHNA K.B.,
AGED 35 YEARS, W/O. DR. A.R.SMITH KUMAR,
AREEKKAL KARAYIL PUTHEN VEEDU, VILANGARA,
NELLIKKUNNAM P.O., KOTTARAKKARA, KOLLAM DISTRICT
- 691 520.
9 DR. A.R. SMITH KUMAR,
AGED 41 YEARS, S/O. P.RAMAKRISHNA PILLAI,
AREEKKAL PARAYIL PUTHEN VEEDU, VILANGARA,
NELLIKKUNNAM P.O., KOTTARAKKARA, KOLLAM DISTRICT
- 691 520.
BY ADVS.
SRI.ASHIK K.MOHAMMED ALI (B/O)
ASHIK K.MOHAMED ALI
MUHAMMED RIFA P.M.
NIZAMUDHEEN P.
VIPIN P.VARGHESE
ADARSH MATHEW(KAR/2577/2015)
KEVIN MATHEW GEORGE(K/1431/2020)
MEERA ELSA GEORGE(K/001893/2021)
MERLINE MATHEW(K/001279/2022)
OTHER PRESENT:
SRI SAIGI JACOB PALATTY-SR.GP
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 03.08.2022,
ALONG WITH WA.804/2022, 892/2022 AND 893/2022, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
WA No.804/2022 & con.cases
..3..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
WEDNESDAY, THE 3RD DAY OF AUGUST 2022 / 12TH SRAVANA, 1944
WA NO. 805 OF 2022
JUDGMENT IN WP(C) 13327/2021 OF HIGH COURT OF KERALA
APPELLANT/1ST PETITIONER:
RANI KRISHNA
AGED 39 YEARS
W/O.PADMA GIRISH, RESIDING AT KRISHNANJANAM,
KUNNICODE P.O., KOLLAM DISTRICT
BY ADVS.
GEORGE ABRAHAM
JOSEPH GOPURAN
RESPONDENTS/PETITIONERS 2, 3 & RESPONDENTS:
1 LEKSHMI KRISHNA .K.B., AGED 35 YEARS
W/O.DR.A.R.SMITH KUMAR, AREEKKAL PARAYIL PUTHEN
VEEDU, VILANGARA, NELLIKKUNNAM P.O.,
KOTTARAKKARA, KOLLAM DISTRICT.
2 DR.A.R.SMITH KUMAR, AGED 41 YEARS
S/O.P.RAMAKRISHNA PILLAI, AREEKKAL PARAYIL
PUTHEN VEEDU, VILANGARA, NELLIKKUNNAM P.O.,
KOTTARAKKARA, KOLLAM DISTRICT.
3 STATE OF KERALA, REPRESENTED BY THE SECRETARY,
DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695 001.
WA No.804/2022 & con.cases
..4..
4 THE DIRECTOR OF GENERAL EDUCATION,
OFFICE OF THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THYCAUD, THIRUVANANTHAPURAM DISTRICT-
695 014.
5 THE DEPUTY DIRECTOR OF EDUCATION,
KOLLAM, OFFICE AT 20, GOVT. BHSS CAMPUS,
THEVALLY, KOLLAM-691 009.
6 THE DISTRICT EDUCATIONAL OFFICER,
KOTTARAKKARA, NEAR POLICE STATION, KOTTARAKKARA,
KOLLAM DISTRICT-691 506.
7 GOWTHAM KRISHNA,
RESIDING AT KRISHNAVILASAM BUNGLOW, VENDAR P.O.,
KOTTARAKKARA, KOLLAM DISTRICT-691 507
8 DR.M.R.BINDU,
RESIDING AT KRISHNAVILASAM BUNGLOW, VENDAR P.O.,
KOTTARAKKARA, KOLLAM DISTRICT-691 507
9 THE ADDITIONAL DIRECTOR OF GENERAL EDUCATION,
THIRUVANANTHAPURAM-695 014
BY ADVS.
VIPIN VARGHESE(B/O)
ASHIK K.MOHAMED ALI
MUHAMMED RIFA P.M.
NIZAMUDHEEN P.
VIPIN P.VARGHESE
ADARSH MATHEW(KAR/2577/2015)
KEVIN MATHEW GEORGE(K/1431/2020)
MEERA ELSA GEORGE(K/001893/2021)
MERLINE MATHEW(K/001279/2022)
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
03.08.2022, ALONG WITH WA.804/2022, 892/2022 AND
893/2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WA No.804/2022 & con.cases
..5..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
WEDNESDAY, THE 3RD DAY OF AUGUST 2022 / 12TH SRAVANA, 1944
WA NO. 892 OF 2022
JUDGMENT IN WP(C) 17534/2022 OF HIGH COURT OF KERALA
APPELLANTS/PETITIONERS:
1 GAUTAM KRISHNA
AGED 23 YEARS
RESIDING AT KRISHNAVILASAM BUNGALOW, VENDAR
P.O., KOTTARAKKARA, KOLLAM DISTRICT., PIN -
691507
2 DR. M.R. BINDU
AGED 54 YEARS
RESIDING AT KRISHNAVILASAM BUNGALOW, VENDAR
P.O., KOTTARAKKARA, KOLLAM DISTRICT., PIN -
691507
BY ADVS.
ASHIK K.MOHAMED ALI
MUHAMMED RIFA P.M.
NIZAMUDHEEN P.
RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE PRINCIPAL
SECRETARY, DEPARTMENT OF GENERAL EDUCATION,
GOVERNMENT SECRETARIAT, ANNEXE-II,
THIRUVANANTHAPURAM., PIN - 695001
WA No.804/2022 & con.cases
..6..
2 THE DIRECTOR OF GENERAL EDUCATION
OFFICE OF THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THYCAUD, THIRUVANANTHAPURAM., PIN -
695014
3 THE DEPUTY DIRECTOR OF EDUCATION
KOLLAM, OFFICE AT 20, GOVT. BHSS CAMPUS,
THEVALLY, KOLLAM., PIN - 691009
4 THE DISTRICT EDUCATION OFFICER
KOTTARAKKARA, NEAR POLICE STATION, KOTTARAKKARA,
KOLLAM., PIN - 691507
5 THE ADDITIONAL DIRECTOR OF GENERAL EDUCATION
OFFICE OF THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THYCAUD, THIRUVANANTHAPURAM., PIN -
695014
6 RANI KRISHNA K.B., W/O PADMA GIRISH, RESIDING AT
KRISHNANJANAM, KUNNICODE P.O, KOLLAM DISTRICT,
PIN - 691508
7 LEKSHMI KRISHNA K.B., AGED 35 YEARS
W/O DR. A.R SMITH KUMAR, AREEKKAL PARAYIL PUTHEN
VEEDU, VILANGARA NELLIKKUNNAM P.O, KOTTARAKKARA,
KOLLAM DISTRICT., PIN - 691520
8 DR. A.R. SMITH KUMAR, AGED 41 YEARS
S/O P. RAMAKRISHNA PILLAI, AREEKKAL PARAYIL
PUTHEN VEEDU, VILANGARA, NELLIKKUNNAM P.O,
KOTTARAKKARA, KOLLAM DISTRICT., PIN - 691520
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
03.08.2022, ALONG WITH WA.804/2022, 805/2022 AND
893/2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WA No.804/2022 & con.cases
..7..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
WEDNESDAY, THE 3RD DAY OF AUGUST 2022 / 12TH SRAVANA, 1944
WA NO. 893 OF 2022
JUDGMENT IN WP(C) 13327/2021 OF HIGH COURT OF KERALA
APPELLANTS/RESPONDENT NOS.5 & 6:
1 GAUTAM KRISHNA
AGED 23 YEARS
RESIDING AT KRISHNAVILASAM BUNGALOW, VENDAR
P.O., KOTTARAKKARA, KOLLAM DISTRICT., PIN -
691507
2 DR. M.R. BINDU
AGED 54 YEARS
RESIDING AT KRISHNAVILASAM BUNGALOW, VENDAR
P.O., KOTTARAKKARA, KOLLAM DISTRICT., PIN -
691507
BY ADVS.
ASHIK K.MOHAMED ALI
MUHAMMED RIFA P.M.
NIZAMUDHEEN P.
RESPONDENTS/PETITIONERS & RESPONDENT NOS.1-4 & 7:
1 RANI KRISHNA K.B
W/O PADMA GIRISH, RESIDING AT KRISHNANJANAM,
KUNNICODE P.O, KOLLAM DISTRICT., PIN - 691508
WA No.804/2022 & con.cases
..8..
2 LEKSHMI KRISHNA K.B
AGED 35 YEARS
W/O DR. A.R SMITH KUMAR, AREEKKAL PARAYIL PUTHEN
VEEDU, VILANGARA NELLIKKUNNAM P.O, KOTTARAKKARA,
KOLLAM DISTRICT., PIN - 691520
3 DR. A.R. SMITH KUMAR
AGED 41 YEARS
S/O P. RAMAKRISHNA PILLAI, AREEKKAL PARAYIL
PUTHEN VEEDU, VILANGARA, NELLIKKUNNAM P.O,
KOTTARAKKARA, KOLLAM DISTRICT., PIN - 691520
4 STATE OF KERALA
REPRESENTED BY THE SECRETARY, DEPARTMENT OF
GENERAL EDUCATION, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM., PIN - 695001
5 THE DIRECTOR OF GENERAL EDUCATION
OFFICE OF THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THYCAUD, THIRUVANANTHAPURAM., PIN -
695014
6 THE DEPUTY DIRECTOR OF EDUCATION
KOLLAM, OFFICE AT 20, GOVT. BHSS CAMPUS,
THEVALLY, KOLLAM., PIN - 691009
7 THE DISTRICT EDUCATION OFFICER
KOTTARAKKARA, NEAR POLICE STATION, KOTTARAKKARA,
KOLLAM., PIN - 691507
8 THE ADDITIONAL DIRECTOR OF GENERAL EDUCATION
OFFICE OF THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THYCAUD, THIRUVANANTHAPURAM., PIN -
695014
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
03.08.2022, ALONG WITH WA.804/2022, 805/2022 AND
892/2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WA No.804/2022 & con.cases
..1..
ALEXANDER THOMAS & SHOBA ANNAMMA EAPEN, JJ.
---------------------------------------------------------------------------
WA No.804 of 2022
[arising out of the impugned judgment dated 30.05.2022 in WP(C) No.17534/2022]
WA No.805 of 2022
[arising out of the impugned judgment dated 30.05.2022 in WP(C) No.13327/2021]
WA No.892 of 2022
[arising out of the impugned judgment dated 30.05.2022 in WP(C) No.17534/2022]
&
WA No.893 of 2022
[arising out of the impugned judgment dated 30.05.2022 in WP(C) No.13327/2021]
----------------------------------------------------------
Dated this the 3rd day of August, 2022
JUDGMENT
ALEXANDER THOMAS, J.
Heard all the parties concerned.
2. Earlier, we have passed a common order dated 01.07.2022 in WA Nos.804 & 805 of 2022, which reads as follows;
"The case has been heard in extenso. In W.A.No.804/2022, notices before admission for contesting respondents 1 & 2 have been taken by Sri.Ashik K.Mohamed Ali, learned Advocate and for contesting respondents 8 & 9 have been taken by Sri.Joby D.Joseph, learned Advocate. Notices before admission for official respondents 3 to 7 therein have been taken by the learned Senior Government Pleader. Service complete. The Registry will show the names of abovesaid Advocates in the Cause List.
2. In W.A.No.805/2022, notices before admission for contesting respondents 1 & 2 have been taken by Sri.Joby D.Joseph, learned Advocate and for contesting respondents 7 & 8 have been taken by Sri.Ashik K.Mohamed Ali, learned Advocate. Notices before admission for official respondents 3 to 6 & 9 therein have been taken by the learned Senior Government Pleader. Service complete. The Registry will show the names of abovesaid Advocates in the Cause List. WA No.804/2022 & con.cases ..2..
3. Dr.George Abraham, learned counsel appearing for the appellant in these cases would point out that Clause 5 of Chapter II of Ext.P-2 Scheme is most relevant in this case at this point of time, which reads as follows:
"5. In the event of death of a member of the Educational Agency the spouse will succeed until the eldest child of the said deceased member of the Educational Agency attains majority and in the event of more than one child, one of the children of the deceased member shall be a member of the Educational Agency based on the discretion of the spouse concerned which should be given in black and white or otherwise on such an event the children of the decased member shall nominate one among them to the Educational Agency after mutual bonded agreement in writing or on the basis of such condition as may be deemed as necessary."
4. From the submissions of both sides, it is apprised to us that going by the Scheme, after the death of Sri.G.Balakrishna Pillai, he was survived by his widow Smt.A.R.Meenakshi Amma, who is now aged about 83 years, two daughters viz, Smt.Rani Krishna & Smt.Lekshmi Krishna, and one son viz, Sri.K.B.Radhakrishnan. We are told that as per the Scheme, the first 2 years' term of being the formal Manager in the Managing Committee was for the son Sri.K.B.Radhakrishnan, who was the Manager for the first turn for the period from 1.6.2016 up to 31.5.2018. Further that, the second turn of managership was allotted to Smt.Rani Krishna, for the 2 years' term from 1.6.2018 up to 31.5.2020. Still further that, the third turn for the 2 years' term from 1.6.2020 up to 31.5.2022 was otherwise due for the other daughter Smt.Lekshmi Krishna, and since she is a serving High School Assistant in the same School, she is having legal disability to part take in the management, and hence going by the Scheme, her husband Dr.A.R.Smith Kumar, was the Manager of the School for the period from 1.6.2020 up to 31.5.2022, based on a Power of Attorney executed by Smt.Lekshmi Krishna in favour of her husband Dr.A.R.Smith Kumar.
5. It is common ground that the aforesaid son, Sri.K.B.Radhakrishnan, has died on 14.8.2019, and his surviving legal representatives are his wife Dr.M.R.Bindu, and two sons, namely, Sri.Gautam Krishna, now aged 23 WA No.804/2022 & con.cases ..3..
years and Sri.Hridik Krishna, now aged 21 years.
6. Going by the case set up by both sides, and more particularly in the light of the afore Ext.P-2 Scheme, it appears that the present turn for managership of the School for the period from 1.6.2022 up to 31.5.2024 is for the family of Late K.B.Radhakrishnan, namely, his wife Dr.M.R.Bindu and two sons, aforesaid Sri.Gautam Krishna and Sri.Hridik Krishna.
7. We specifically queried to Dr.George Abraham, learned counsel appearing for the appellant in these cases, as to whether the turn of managership for the period from 1.6.2022 up to 31.5.2024 is for the aforesaid family of Late K.B.Radhakrishnan, namely, his wife Dr.M.R.Bindu and two sons, aforesaid Sri.Gautam Krishna and Sri.Hridik Krishna.
8. Dr.George Abraham, learned counsel appearing for the appellant has fairly submitted before us, that the turn is for the said family of Late K.B.Radhakrishnan, consisting of Dr.M.R.Bindu and two sons, and that according to the instructions he has secured from his party, Dr.M.R.Bindu wanted to be the Manager in the abovesaid turn and thus wanted to part take in the Management, for which there is a legal disqualification inasmuch as, she is a serving teaching faculty of the Kerala Agricultural University, and therefore she is bound by the inhibitions and restrictions in the Kerala Government Servants' Conduct Rules as well as certain other provisions in the Kerala Education Rules. Therefore, she is not legally eligible to partake in the Management of the School, and so she cannot be the formal Manager of the School.
9. Thereupon, we specifically queried to Dr.George Abraham, learned counsel appearing for the appellant, as to whether his party has any objection in either of the two sons of Late K.B.Radhakrishnan becoming the Manager for abovesaid turn for the present period, and thus to part take in the Managing Committee.
10. Dr.George Abraham, learned counsel appearing for the appellant would submit on the basis of instructions that if there is no dispute between the family members of Late K.B.Radhakrishnan, then his party will not have any dispute in that regard, provided it is a choice on the basis of unanimity or majority of the family members of Late K.B.Radhakrishnan, as to which member of that family should be the Manager and thus to partake in the Managing Committee, and if such process is completed, then all what is WA No.804/2022 & con.cases ..4..
required is only the formality of the respondent Deputy Director of Education, Kollam, to approve the amendment of Ext.P-2 Scheme that the said person is part of the CorporateEducationalAgency of the School.
11. Further, it is common ground between Dr.George Abraham, learned counsel appearing for the appellant as well as Sri.Ashik K.Mohamed Ali, learned Advocate appearing for the contesting respondents that the Managing Committee of the Corporate Educational Agency will consist of (i) Smt.Rani Krishna, (ii)Smt.LekshmiKrishna/hernominee as she is a serving employee, (iii) a member from the family of Late K.B.Radhakrishnan chosen by that branch as above.
12. Sri.Ashik K.Mohamed Ali, learned Advocate appearing for the contesting respondents, namely, Dr.M.R.Bindu and Sri.Gautam Krishna, would submit on the basis of instructions, that since Dr.M.R.Bindu is a serving teaching faculty of the Kerala Agricultural University, the said family branch, consisting of Dr.M.R.Bindu, Sri.Gautam Krishna and Sri.Hridik Krishna, have unanimously decided that Sri.Gautam Krishna will represent that family to be the Manager of the School, for the abovesaid turn, for the period from 1.6.2022 up to 31.5.2024.
13. Further, it is also pointed out by Sri.Ashik K.Mohamed Ali, learned Advocate, that Late K.B.Radhakrishnan was born in the wedlock of Late G.Balakrishna Pillai and his first wife Smt.T.L.Lalithamba, who is now very aged, and she being the mother of Late K.B.Radhakrishnan, is also one of the legal representatives of Late K.B.Radhakrishnan, and that such a legal representative is also having proprietary interest in the Management going by Clauses 1 & 1(a) of Chapter II of Ext.P-2 Scheme, and that Smt.T.L.Lalithamba, has also given her full consent that Sri.Gautam Krishna could be the Manager of the School for the present turn in question. Further that, sworn affidavits of Dr.M.R.Bindu, Sri.Hridik Krishna and Smt.T.L.Lalithamba will be produced immediately, stating that all those parties have unanimously chosen Sri.Gautam Krishna to be the Manager of the School for the present turn from 1.6.2022 up to 31.5.2024.
14. Further, the said parties are seriously disputing the necessity for any formal approval of the amendment of the Scheme, as suggested by Dr.George Abraham, learned counsel appearing for the appellant in these cases, etc. WA No.804/2022 & con.cases ..5..
15. In the light of the submissions made by the parties, it can be seen that, even if we assume that there is any requirement for the formal amendment of the Scheme, for incorporating the name of the nominee of the family of Late K.B.Radhakrishnan, to part take in the Corporate Educational Agency, the School cannot be left in the lurch and there should be a Manager.
16. Further, the learned Senior Government Pleader has submitted that, in view of the present disputed issues, the statutory educational authorities are also facing difficulties about the present School, and that this Court may pass some orders to ensure that who should be the Adhoc Manager of the School, for the period from 1.6.2022 onwards, for the time being, as the said period has already commenced and the school year has also started in full swing.
17. There is no dispute for the appellant that, as of now, the turn of mangership is due to the family of Late K.B.Radhakrishnan for the period from 1.6.2022 up to 31.5.2024. The only substantial dispute raised by the appellant is regarding the formality of choosing one eligible member of the said family, now consisting of 3 members, to be the Manager for the abovesaid new period. If at all there is a requirement of the formal amendment of the Scheme, by the Deputy Director of Education, regarding the formal inclusion of the name of the said person to be in the Corporate Educational Agency for the new period, that should not stand in the way of the School, in having a Manager or atleast an Adhoc Manager. The disputes appear to be in a very narrow compass as to, who should be the eligible representative of the family of Late K.B.Radhakrishnan, to be the Manager for the present term in question.
18. Sri.Ashik K.Mohamed Ali, learned Advocate appearing for the contesting respondents, would submit that the consent letters of Dr.M.R.Bindu, Sri.Hridik Krishna and Smt.T.L.Lalithamba have already been given on 28.4.2022 to the District Educational Officer, Kottarakkara.
19. A copy of said consent letter signed by Dr.M.R.Bindu, Sri.Hridik Krishna and Smt.T.L.Lalithamba has been produced in WP(C).No.17534/2022, which is available at pages 71 & 72 of the paper book of W.A.No.804/2022.
WA No.804/2022 & con.cases ..6..
20. We specifically queried Dr.George Abraham, learned counsel appearing for the appellant as to whether his party has any claim that she is legally entitled to be the Manager of the School for the period from 1.6.2022 up to 31.5.2024.
21. Dr.George Abraham, learned counsel appearing for the appellant, would fairly submit on the basis of instructions, that his party has no such entitlement and that the said turn for the present term is for the family of Late K.B.Radhakrishnan, but subject to the formalities as above.
22. The statutory educational authorities and the official respondents have urged before us, through the learned Senior Government Pleader, that there should be some clarity as to who should be the Manager or atleast Adhoc Manager of the School for the time being, as otherwise, both sides will raise unnecessary disputes and litigation against the departmental authorities, which the official respondents want to avoid at any cost.
23. The turn of the appellant had expired long ago, and the subsequent turn of Smt.Lekshmi Krishna has also expired on 31.5.2022, and she could continue as an Adhoc Manager for still further period of one month up to now. Further, we note that though Dr.George Abraham, learned counsel appearing for the appellant, has very fairly not raised any pleas regarding the young age of Sri.Gautam Krishna, we specifically queried as to the age of Sri.Gautam Krishna, as he has to be the formal Manager of the School. We are told that Sri.Gautam Krishna is now aged 23 years, and he has passed B.Tech Degree in Electronics Engineering from a reputed Engineering College in the State, namely, TKM College of Engineering, Kollam, and he has passed out with flying colours after having secured 80% of marks. Further, we also note that the formal Manager cannot take any unilateral policy decision, and that any decision of the Management has to be taken by the Managing Committee consisting of Smt.Rani Krishna, Smt.Lekshmi Krishna/her nominee and the representative of the member of the family of Late K.B.Radhakrishnan. Further, we are making these observations only to ensure that our interlocutory exercise of discretion is in a reasonable, fair and wise manner. Having regard to these aspects, we are of the view that the stalemate cannot be allowed to continue any further. The official respondents plead before us that they should not be unnecessarily drawn in this family disputes of the WA No.804/2022 & con.cases ..7..
Management. The school year has started in full swing now.
24. Accordingly, it is ordered in the interest of justice, that Sri.Gautam Krishna will act as the Adhoc Manager of the above School from today (1.7.2022) onwards, and the official respondents will permit Sri.Gautam Krishna to be the Adhoc Manager of the School as above. Hence, for the time being, the Managing Committee of the School will consist of (i) Smt.Rani Krishna, (ii) Nominee of Smt.Lekshmi Krishna, (iii) Sri.Gautam Krishna, and the said Managing Committee will function in terms of the stipulations of Ext.P-2 Scheme, more particularly Clauses 2(a) & 2(b) thereof, and the other applicable norms. Needless to say, the day to day affairs of the administration of the Management could be carried out by the Adhoc Manager. The main WAs itself could be disposed, by issuing necessary directions to the respondent educational authorities concerned to take decision as per the Scheme on these matters.
25. The abovesaid interlocutory directions will be in force for a period of 2 weeks from today. This case is partly heard."
3. Later, we have passed a common order dated 15.07.2022 in all these writ appeals, viz., WA Nos.804/2022, 805/2022, 892/2022 & 893/2022, and the same reads as follows;
"Sri.Vipin Varghese, the learned counsel submits that steps have been taken by him to file vakalth on behalf of respondents 8 and 9 as well as respondents 1 and 2 in Writ Appeal No.805 of 2022, for respondents 7 and 8 in writ Appeal No.892 of 2022 as well as for respondents 2 and 3 in Writ Appeal No.893 of 2022 and that the previous counsel Sri.Joby D.Joseph learned Advocate has given his no objection. It appears that the two parties represented by Sri.Vipin Varghese, the learned Advocate are Smt.K.B.Lekshmi Krishna and Dr.A.R.Smith Kumar.
2. The Registry will show the name of Sri.Vipin Varghese learned Advocate for the abovesaid parties in the cause list.
3. Learned Advocates appearing for all the parties concerned, Dr.George Abraham, Sri.Ashik K.Mohamed Ali and WA No.804/2022 & con.cases ..8..
Sri.Vipin Varghese would submit on the basis of instructions from the respective parties that since these parties are close family relatives, this Court may refer these parties for mediation through the Mediation Centre, Ernakulam attached to this Court. Further, they would submit all these parties concerned would personally appear before the Nodal Officer of the Mediation Centre attached to this Court at 10.15 am on 19.07.2022 (Tuesday).
4. In view of the submission it is ordered that all the private parties concerned in these appeals i.e., parties other than the official respondents will personally appear before the Nodal Officer of the Mediation Centre, Ernakulam attached to this Court at 10.00 a.m on 19.07.2022, upon which, the Mediation Centre will refer these parties to a Senior and experienced Mediator. Since the case involves the functioning of the Corporate Educational Agency/Managing Committee of an aided School, the Mediation Process will have to be expedited. Hence, the Mediation Centre may endeavor to ensure the mediation process is completed within two weeks also, if it is feasible.
5. The interim order dated 01.07.2022 in Writ Appeal Nos.804 & 805 of 2022 will be applicable in Writ Appeal Nos.892 & 893 of 2022. The interim order granted by this Court on 01.07.2022 in Writ Appeal Nos.804 & 805 of 2022 will stand extended by a further period of one month, which will be applicable in all these four appeals.
6. The learned Senior Government Pleader would submit that the respondent DEO has already taken steps to give access to the software portal to the department by providing user name and password to Sri.Gautam Krishna (1st appellant in Writ Appeal Nos.892 and 893 of 2022) in order to ensure that he would function as the Adhoc Manager in strict compliance of the directions by this Court in interim order dated 01.07.2022.
7. Dr.Geroge Abraham learned Advocate appearing for the other side would point out that it is apprehended that Sri.Gautam Krishna may take steps to issue appointment orders, without the concurrence and approval of the other Managing Committee members for approval by the departmental Authorities by using this software portal.
8. Sri.Ashik K.Mohamed Ali learned counsel appearing for the appellants in Writ Appeal Nos.892 and 893 of 2022 WA No.804/2022 & con.cases ..9..
would submit on the basis of instructions that his abovesaid parties including Sri.Gautam Krishna would undertake that they will not submit any proposal for approval of the appointments in the aided school concerned to the department Authorities without permission of this Court and without the full involvement and participation of all the three members of the Managing Committee/Corporate Educational Agency. Further, the learned Advocate appearing for the above appellants in Writ Appeal Nos.892 and 893 of 2022 would submit that the Contempt of Court Case has filed as Cont.Case (Civil) No.1093 of 2022 (arising out of W.P.(C) No.13327 of 2021) which is now pending before the learned single Judge will not be pressed by him and steps will be taken to ensure that the same is closed as not pressed and that this is being done to ensure that an amiable situation is created for ensuring smooth mediation process.
9. The main matter in the first two appeals namely Writ Appeal Nos.804 and 805 of 2022 have been partly heard by this Court on previous occasion. So all these cases will be treated as part heard."
4. Today, when the matter was taken up for consideration, all the Advocates appearing for the appellants as well as the contesting respondents would submit that the mediation effort through the Mediation Centre attached to this Court has been successful and these parties have agreed to resolve the disputes.
The Nodal Officer of the Mediation Centre has also given report dated 29.07.2022, stating that the mediation process has been successful and a copy of the Memorandum of Settlement dated 27.07.2022 signed by the parties and learned Advocates for the parties concerned has also been made available from the Mediation Centre.
WA No.804/2022 & con.cases ..10..
5. The Memorandum of Settlement dated 27.07.2022 entered into by Sri.Gautam Krishna, Smt.K.B.Rani Krishna, Smt.K.B.Lekshmi Krishna and the other parties concerned reads as follows;
"MEMORANDUM OF SETTLEMENT SIGNED BY THE PARTIES TO THE APPEAL Parties have resolved the disputes between them in mediation and have decided as follows;
1. Mr. Gautam Krishna who is the eldest son of late Mr. K.B Radhakrishnan is chosen as the manager of the school for the period from 1.6.2022 to 31.5.2024 in accordance with the rotation provided in the approved constitution of the Corporate Management and based on the Will executed by Sri. Balakrishna Pillai. Necessary approval from the District Educational Officer Kottarakara shall be obtained in this regard in accordance with the statutory provisions.
2. The members of the educational agency, Rani Krishna K.B, Gautam Krishna and Lekshmi Krishna K.B shall meet at least once in a month and decide all the activities regarding the day-to-day affairs of the school.
3. In order to safeguard the academic as well as the administrative interest of the school we have unanimously decided to promote eligible teachers to the respective posts in the higher cadre and appoint fully qualified candidates against the open vacancies and seek approval of the Educational Authorities as mandated under the relevant rules and orders.
I. Promotion a. Smt. Jancy.M HSST (Junior) in Chemistry is promoted as HSST (Chemistry) with effect from 1 st June 2022 vice the retirement vacancy of Dr. S. Rejikumar on the afternoon of 31/05/2022.
b. Smt.Resmi. V. J HST Physical Science is promoted as HSST (Junior) in Chemistry with effect from 06/06/2022 vice Smt Jancy Promoted as HSST (Chemistry) WA No.804/2022 & con.cases ..11..
c. Smt.Sruthi S Kumar UPST is promoted as HST Physical Science with effect from 15/07/2022 vice the promotion vacancy of Smt.Resmi V.J as HSST (Junior) in Chemistry.
II. Appointments i. Retirement vacancy of Smt.Ramadevi Kunjamma is kept vacant for persons with disability.
ii. Smt. Parvathy.L, Ayathil Veedu, Vilangara, Chepra is appointed as UPST against the retirement vacancy of Smt.Sreelatha S. iii. Smt.Devisaranya. S, Udayanmuttathu Kizhakkathil, Edavattom, Karivellil P.O is appointed as UPST with effect from 30/07/2022 against the retirement vacancy of Smt Susan Johnson.
iv. Smt Rajimol. R, Rajeev Bhavan, Maymannadi, Mannadi P. O is appointed as UPST with effect from 30/07/2022 against the promotion vacancy of Smt.Sruthi S Kumar.
v. The vacancy which is kept vacant for person with disability is filled by temporary appointment of Smt. Remya Krishnan, Amparavattath, ETC PO until eligible candidates are made available.
vi. Sri.Harikrishnan Nair, is appointed as Vocational Teacher vice the temporary vacancy of VT (EDS).
vii. Smt.Namitha Krishnan, is appointed as Vocational Teacher in the temporary vacancy of VT (Gardener).
viii. The post of Non-Vocational Teacher in Chemistry will be filled up after notification of the same with the permission of the Director of General Education and following the procedure therein. Till then the post will be filled up on a Daily Wage basis to safeguard the academic interest of the school vice Smt Girija GS Non-Vocational Teacher in Chemistry retired on the afternoon of 31/05/2022.
4. We have also unanimously resolved to request the Honourable High Court to grant permission to effect the above promotions and appointments and seek approval of the Educational Authorities by modifying the order passed on 15.07.2022.
WA No.804/2022 & con.cases ..12..
5. It is also unanimously decided to appoint Mr. Gautam Krishna as the president of the society for a period of one year in the 1st instance for 2022-2023 and thereafter for one more year during 2023-2024 co-terminus with his tenure as Manager of the School and the respective Manager of the School in tenure as per the approved Constitution will be the President of the Society for the respective turn of one-year election basis on expiry of the tenure of Gautam Krishna as Manager on 31/05/2024 in accordance with Travancore- Cochin Literary, Scientific and Charitable Societies Registration Act, 1955.
6. We have also unanimously decided to authorise Gautam Krishna the incumbent manager to inform the Government that there is no dispute among the members of the educational agency so as to enable Mrs. K B Rani Krishna and Mrs. K B Lakshmi Krishna to get exemption separately under Rule 8 (1) and 8 (2) of Chapter III, KER from the Government in the wake of Rule 3 of Chapter I KER to get inducted in the Educational Agency/Managing Committee of the School as per the rotation contained in the approved Constitution of the Corporate Management of the School and act as Manager against the respective tenure of rotation.
7. The Corporate Educational Agency of Sri Vidyadhiraja Model Higher Secondary School and Vocational Higher Secondary School, Vendar PO, Kottarakara, Kollam consisting of (1) Late K. B. Radhakrishnan's family (inherited by his Mother, Wife and Two Sons), (2) K. B. Rani Krishna and (3) K. B. Lekshmi Krishna shall take steps for the formal transfer of proprietary right to the Corporate Educational Agency based on the Will executed by late Sri Balakrishna Pillai and as per the statutory provisions contained in Rule 1 and Rule 5A of Chapter III of the Kerala Education Rules, 1959, in due course.
8. The Respondents 3 to 7, the State of Kerala and its Officers in the Education Department, have not signed this Settlement Agreement and their participation is not necessary for completion of this Settlement.
9. The above Appeals may be disposed off in terms of this Settlement Agreement."
It is pointed out that the official respondents, who are to take decisions in the matter, are not parties to this settlement. WA No.804/2022 & con.cases ..13..
6. It is urged by the learned Advocates appearing for the appellants as well as the contesting party respondents that this Court may record the above Memorandum of Settlement and may give liberty to the parties to approach the competent educational authority for approval of the appointment of the Manager, the constitution of the Managing Committee as well as approval of the various appointments sought to be done by the Corporate Educational Agency/Managing Committee and that the competent authority, who is conferred with the power to grant approval, may consider those requests and may take decisions thereon without any further delay, in accordance with the provisions contained in the Kerala Education Act and the Rules framed thereunder. Further, it is also pointed out by the above parties that Smt.Rani Krishna, who is a teacher of the very same school, has also been a member of the Corporate Educational Agency/Managing Committee and she had secured exemption from the rigor of Rule 8(1) of Chapter III of the Kerala Education Rules (for short, "the KER") and she had secured orders from the Government, who passed orders in exercise of the powers under Rule 3 of Chapter I of the KER, relaxing the rigor of Rule 8(1) of Chapter III of the KER so as to enable Smt.Rani Krishna to participate as a member of the competent Corporate Educational WA No.804/2022 & con.cases ..14..
Agency/Managing Committee of the above school. Further, it is also pointed out that Smt.Lekshmi Krishna is also a teacher of the very same aided school in question and that, she has also made a request to the Government to pass orders under Rule 3 of Chapter I KER so as to relax the rigor of Rule 8(1) of Chapter III KER so as to enable her to participate as a member of the Corporate Educational Agency/Managing Committee concerned in this case and that, the matter is now pending attention of this Court in WP(C) No.22429/2022.
7. Accordingly, the following directions and orders are passed;
(a) Taking note of the extreme necessity to have a Manager and the Managing Committee/Corporate Educational Agency to take care of the management of the school, it is ordered in the interest of justice that the respondent District Education Officer will, without any further delay, take steps to pass orders in the matter of approval of the appointment of Sri.Gautam Krishna as the Manager of the school in question without any further delay.
(b) The parties are in agreement that, to induct Sri.Gautam Krishna in the Managing Committee/Corporate Educational WA No.804/2022 & con.cases ..15..
Agency in lieu of his deceased father, the reconstitution of the Managing Committee may require a formal amendment of the Scheme. Further, so long as Smt.Lekshmi Krishna does not get exemption from the rigor of Rule 8(1) of Chapter III KER, she may not be able to directly partake in the Managing Committee, but, she can be represented through her husband and the power of attorney holder, Dr.A.R.Smith Kumar, as has been done till now. Hence, if the formal reconstitution of the Committee, by way of amendment of the Scheme, may require some time, it is ordered that the respondent -
Deputy Director of Education, Kollam - will immediately take steps to ensure that formal orders are passed to grant approval for the functioning of the Managing Committee/Corporate Educational Agency, consisting of Sri.Gautam Krishna, Smt.Rani Krishna and Smt.Lekshmi Krishna, if she secures exemption, or till then, through her power of attorney holder, Dri.A.R.Smith Kumar.
(c)The parties may make a formal application before the respondent - Deputy Director of Education, Kollam - for the formal reconstitution of the Managing Committee/Corporate Educational Agency and for the formal approval for WA No.804/2022 & con.cases ..16..
amendment of the Scheme and such application should be duly considered and orders passed thereon by the respondent - Deputy Director of Education, Kollam - after hearing the above parties without any further delay.
(d) As regards the appointments made in the school, it is for Sri.Gautam Krishna, as the Manager of the school, to place these proposals for the appointments of the various incumbents before the competent approving authority concerned, along with the resolution/minutes of the Managing Committee/Corporate Educational Agency, on the basis of which, the decision has been taken for making such appointments along with a copy of this judgment and an attested copy of the Memorandum of Settlement and thereupon, the competent authority having the power to grant approval, will consider the issue relating to approval of such appointments and may pass orders thereon, in accordance with law, taking note of the provisions contained in Kerala Education Act and the Rules framed thereunder and the other applicable norms, if any. Since the school year has already started, the competent authorities will take decision on these applications for approval of the WA No.804/2022 & con.cases ..17..
appointments, without any further delay, after hearing the appointees as well as the Manager of the school, within a reasonable time limit of six weeks from the date of receipt of a copy of such applications.
(e)The impugned judgment of the learned Single Judge in the above writ petitions will stand modified and substituted as above.
With these observations and directions, these writ appeals are disposed of.
Sd/-
ALEXANDER THOMAS JUDGE Sd/-
SHOBA ANNAMMA EAPEN JUDGE bka/-
APPENDIX OF WA 893/2022PETITIONER EXHIBITS Exhibit1 TRUE COPY OF THE REPLY AFFIDAVIT FILED BY THE 1ST PETITIONER IN WP (C) NO. 13327 OF 2021.
Exhibit2 TRUE COPY OF THE PETITION AND AFFIDAVIT IN IA NO. OF 2022 Exhibit3 TRUE COPY OF THE PETITION FILED BY THE APPELLANT HEREIN TO VACATE THE INTERIM ORDER.