A.Mohammed Rafi vs State Of Kerala on 12 June, 2023

[Cites 11, Cited by 1]

Kerala High Court

A.Mohammed Rafi vs State Of Kerala on 12 June, 2023

Since common issues arise for consideration in these writ petitions, they are disposed of by this common judgment. For the sake of convenience, unless otherwise expressly indicated, the exhibits referred to hereinbelow shall be as obtaining in W.P. (C) No.2678 of 2011. The parties are referred to by their names.

2. The A.S.M.M.HSS, formerly Nellikkal Edom High School, was purchased by Late A.S. Muhammed Kutty Sahib on 11.03.1956 in public auction held pursuant to orders in O.S. No.56 of 1947 of Sub Court, Palghat. A.S. Muhammed Kutty Sahib, along with six other persons, formed Alathur Educational Society (hereinafter referred to as 'society') in the year 1956 to take up the management of Nellikkal Edom High School on the lines set forth in the Rules and Regulations in Ext. P1 Memorandum of Association. The 7 persons who had subscribed W.P(C) 2678/2011 & conn. :7:

their names to the Memorandum of Association to form the society and to constitute its first managing committee were as under:-

(i). A.S. Muhammed Kutty Sahib (life time President and Correspondent)

(ii). U. Ahammed Kabir (Secretary)

(iii). A. Muhammad Sahib

(iv). P.K. Assanar Sahib

(v).P.K. Sara Bibi (2nd wife of A.S. Muhammed Kutty)

(vi). A. Nabissa Bibi (3rd wife of A.S. Muhammed Kutty)

(vii). N.Krishna Iyer (Headmaster, ex-officio) The society is one registered under the Societies Registration Act, 1860 with Registration No.5 of 1956 with its registered office at Alathur in Palghat Taluk in erstwhile Malabar District.

The certificate of registration issued by the Registrar dated 23.05.1956 under the Societies Registration Act, 1860 forms part of Ext. P1 produced by the petitioner. The Rules and W.P(C) 2678/2011 & conn. :8:

Regulations of the society set forth in Ext. P1 Memorandum of Association (separately marked as Ext. P7) provides that the affairs of the society shall be managed by a committee of management consisting of seven members including the Head Master of Nellikkal Edom High School. Rules provide that the office bearers, namely, the President ('manager' under the KER nomenclature), Secretary and the Correspondent shall be elected every year from the members of the managing committee; but A.S. Muhammed Kutty will be the President and Correspondent for life unless he resigns at his own free will. As per rule 2 of Ext. P1, the term of each member is three years and all are eligible for re-election. Rule 5 provides that the meeting of the managing committee shall be held in the first week of May every year and as often as necessary on requisition of President or any two members. The rules and regulations further stipulates that whenever a vacancy occurs, the committee is competent to nominate new members. Three members are required to constitute quorum and all decisions W.P(C) 2678/2011 & conn. :9:

are to be taken based on majority votes. Rule 7 provides that the proceedings of all meetings shall be duly recorded by the Secretary in a minutes book to be maintained by him and signed by all members present. Rule 17 provides that the society shall abide by the provisions in sections 4 and 14 of the Societies Registration Act, 1860.

3. A.S. Muhammed Kutty died on 04.07.1959. He had three wives; Kadeeja, Sara Bibi and Nabeesa Bibi. Kadeeja, predeceased A.S. Muhammed Kutty. At the time of death of A.S. Muhammed Kutty, except Smt. Suharabi, daughter of Kadeeja, all other nine children were minors. After his death, the managing committee met on 12.07.1959 and the existing six members were re-elected and Smt. Suharabi, the only child of late Muhammed Kutty Sahib who had attained majority at that time was inducted into the committee, and Sri. U. Ahammed Kabir, her husband was unanimously elected as the manager of the school and he continued in that capacity till 1980. Upon his relinquishment of the position, in a meeting W.P(C) 2678/2011 & conn. :10:

held on 23.11.1980 in which nine persons participated, it was resolved by Ext. P2 resolution to constitute a new managing committee to run Nellikkal Edom High School and Nellikkal Edom Basic Training School, Alathur (presently A.S.M.M.TTI and established in 1963). The new committee members were (1) Sri. M. Ahammed Kabeer (2) M.Suharabi (3) M. Abdul Rahuman (4) M. Beefathumma (5) M.Balkees (6) M. Khadeeja Beegum (7) M. Abdul Majeed (8) M. Souriath and (9) M. Rukhiyabi. In the new managing committee, M.Suharabi alone was the member of the previous committee elected on 12.07.1959. All these nine persons are the children of late A.S. Muhammed Kutty. The committee further resolved to nominate Sri. M. Ahammed Kabeer, late Muhammed Kutty Sahib's eldest son, born to his second wife Sara Bibi, as manager and correspondent of Nellikkal Edom High School and Nellikkal Edom Basic Training School, Alathur with effect from 23.11.1980. His appointment as manager was approved by the DEO. During his period, the educational institution got W.P(C) 2678/2011 & conn. :11:

recognition as a minority institution. Sri. M. Ahammed Kabeer continued in the position, till his death on 29.07.2008. Thereafter, Abdul Majeed was nominated as per resolution, but he also passed away. Thereafter, in a meeting of the General Body held at Ernakulam on 13.05.2009, Smt. Khadeeja Beegum, daughter of late Muhammed Kutty Sahib, born to his third wife Smt. Nabeesa Bibi was elected as the manager of the society by an 'executive committee' of six members elected from among the managing committee, with retrospective effect from 30.07.2008 to 29.07.2011, without involving change of ownership. In Ext. P5 resolution pertaining to the said meeting, it is stated that Sri. M. Ahammed Kabeer, Sri. M.Abdul Rehman and Sri. M. Abdul Majeed of the previous committee expired and the son of Sri.M. Ahammed Kabeer and the widow of Sri. M. Abdul Majeed are inducted as managing committee members. M.Abdul Rehman died issueless. Ext. P5 resolution shows that all members of the managing committee except Smt. Suharabi accepted and signed the resolution. The election W.P(C) 2678/2011 & conn. :12:

of Smt. Khadeeja Beegum as manager was approved by the District Educational Officer (DEO) by order No. B2/3474/09 dated 25.06.09.

4. The appointment of Smt. Khadeeja Beegum as manager was challenged before this Court by Smt. Suharabi. This Court relegated the matter to the Director of Public Instructions (DPI) and the DPI, by Ext. P6 order dated 24.06.2010, cancelled the approval granted to Smt. Khadeeja Begum as the manager of A.S.M.M.HSS and A.S.M.M.TTI. The DPI found that since no meeting of the managing committee was held annually as per Rule 5 of the regulations and no member was re-elected or newly inducted after 12.07.1959, the very society became defunct as per rules 2, 3, 4 and 5 of Ext. P1 Rules and Regulations. The DPI held that the meeting held at Ernakulam on 13.05.2009 cannot be treated as a committee meeting; but only as a meeting of family members. Accordingly, the two surviving members of the original committee, i.e, Smt. Suharabi and Sri. P.K Asanar Sahib were entrusted with the W.P(C) 2678/2011 & conn. :13:

task of reviving the society and preparing the bye laws as per Rule 2 Chapter III of the Kerala Education Rules and to submit for approval before the Deputy Director of Education. Until the new manager is elected as per the bye laws of the constitution, the duties of the manager were entrusted to DEO, Palakkad for the limited purpose of discharging routine functions.

5. Shri. Khadeeja Begum filed a revision petition before the Government against Ext. P6 and the same was dismissed by Ext. P8 order dated 06.01.2011 upholding Ext. P6 order of the DPI.

W.P.(C) No.2678/2011

6. Challenging Exts. P6 and P8 orders, Smt. Khadeeja Begum filed W.P.(C) No.2678/2011. She has also sought for direction to the Government to confirm order No. B2/3474/09 dated 25.06.09 of the DEO appointing her as the manager. It is contended that the DPI and the Government misdirected themselves in treating the society as a Trust and in holding that the society has become defunct half a century back. Apart from W.P(C) 2678/2011 & conn. :14:

the official respondents and Smt. Suharabi, the Society and two family members got themselves impleaded in this writ petition as additional respondents. This Court, by order dated 27.01.2011, granted stay of implementation of Exts. P6 and P8 for a period of two months, which is not seen extended thereafter. It appears that the DEO had already taken over the managership of the schools on 17.01.2011.

W.P.(C) No. 27415/2011:

7. Pursuant to Exts. P6 and P8 orders, the two surviving members of the original committee, i.e, Smt. Suharabi and Sri. P.K Asanar Sahib took steps to revive the society. Sri. P.K Asanar Sahib expired in the meantime. Sri. A. Mohammed Rafi, son of Smt. Suharabi who is stated to have been elected under the new bye-laws, submitted proposal before the Deputy Director of Education for approval of the constitution/bye-laws of the 'revived society' in terms of Exts. P6 and P8 orders. The Deputy Director of Education did not consider the proposal for the reason that the matter is sub judice. The DPI, by letter No. W.P(C) 2678/2011 & conn. :15:

EMI/22652/2011/DPI dated 01.10.2011 (Ext. P3 herein), addressed to the Deputy Director of Education informed that there is no stay in force as against Exts. P6 and P8 orders and that the bye-laws can be approved if the stipulations therein are not against the provisions of Kerala Education Act and Rules. W.P. (C) No.27415/ 2011 is filed by Smt. Khadeeja Beegam to quash Ext. P3 therein contending that the same has been issued during the pendency of W.P.(C) No.2678/2011 wherein Exts. P6 and P8 orders have been challenged and is in violation of the principles of natural justice. This Court, by order dated 17.10.2011, stayed further action pursuant to Ext. P3 letter of the DPI dated 01.10.2011 and posted the writ petition along with W.P.(C) No.2678/2011.

W.P.(C) 28952/2014

8. Pursuant to the letter No. EMI/22652/2011/DPI dated 01.10.2011 of the DPI (Ext. P3 in W.P. (C) No.27415/2011), the Deputy Director of Education by order No. D. Dis/B4/19965/10 dated 15.10.2011 (Ext. R5 (e)) approved the constitution/bye-

W.P(C) 2678/2011 & conn. :16:

laws of the revived society. Accordingly, Sri. A. Mohammed Rafi, son of Smt. Suharabi, moved the Additional DPI requesting to take steps to terminate the temporary managership of the DEO and to direct the DEO to hand over the managership of the two institutions to him in the capacity of President of the revived society. The Additional DPI, by proceedings No. EMI/91599/13/DPI/K.Dis dated 13.05.2014, held that, the Deputy Director of Education by order dated 15.10.2011 had already approved the constitution/bye-laws of the revived society and the interim order of this Court dated 17.10.2011 in W.P. (C) No.27415/ 2011 has become infructuous and the order of the Deputy Director of Education dated 15.10.2011 approving the bye-laws is valid and directed the DEO to consider and approve the request of Sri. A. Mohammed Rafi for handing over the management of the institutions to him. Smt. Khadeeja Begum then moved a Contempt of Court Case against the DPI, DEO and Sri. A. Mohammed Rafi alleging defiance of the interim order dated 17.10.2011 in W.P. (C) No.27415/2011 W.P(C) 2678/2011 & conn. :17:

and        the    Additional    DPI          by   order     No.      EM

(I)/65790/2014/DPI/K.Dis.      dated     20.09.2014       withdrew   his

proceedings No. EMI/91599/13/DPI/K. Dis. dated 13.05.2014. The order of the Additional DPI dated 20.09.2014 is impugned in W.P. (C). No. 28952 of 2014 by Sri. A. Mohammed Rafi contending, inter alia, that there was no need to recall the order dated 13.05.2015 by the DPI under threat of contempt and the said order does not suffer from any illegality or infirmity. Sri. A. Mohammed Rafi has also sought for direction to the DEO to hand over the management of the two institutions to the President of the society. No interim order is passed in the writ petition.

W.P (C) No. 20203/2015:

9. This writ petition is filed by Bindu, H.S.A (Maths), in A.S.M.M Higher Secondary School seeking to direct the DEO, ex- officio manager, to provisionally promote her as H.S.S.T (Maths) in the school. It is contended that the dispute regarding the management of the school has resulted in W.P(C) 2678/2011 & conn. :18:

stalemate leading to delay in promotion. Sri. Mohammad Rafi and Smt. Khadeeja Begum have filed interlocutory applications for getting themselves impleaded in this writ petition which are pending.

W.P (C) No.22332/ 2015:

10. This writ petition is filed by Sri. A. Mohammed Rafi for direction to the DEO to hand over charge of the schools to him in terms of Exts. P6 and P8 orders and to direct the DEO to confine his powers strictly for matters authorized to be performed as per Ext.P6 order issued by the DPI. No interim order is passed in this writ petition.

11. I have Heard Sri. V.V. Sidharthan, the learned senior counsel for Smt. Khadeeja Begum, Sri. T. Sethumadhavan, the learned senior counsel for Smt. Suharabi (now deceased), Sri. C.N. Prabhakaran, the learned Senior Government Pleader, Smt. Prabha R. Menon, Sri.N.Reghuraj, Sri.P.G. Jayashankar, Sri. K.Mohanakannan and Smt. M.A. Zohra, for the other parties.

W.P(C) 2678/2011 & conn. :19:

12. A.S.M.M.HSS, formerly Nellikkal Edom High School, was established before the Kerala Education Act, 1958 came into force. Nellikkal Edom High School, Alathur in erstwhile Malabar District was purchased by A.S. Muhammed Kutty Sahib on 11.03.1956 in a public auction held pursuant to Court orders. On 23.05.1956, A.S. Muhammed Kutty Sahib along with six other persons formed Alathur Educational Society to take up the management of Nellikkal Edom High School on the lines set forth in the Rules and Regulations in Ext. P1 Memorandum of Association. Section 39 of the Kerala Education Act, 1958 provides for repeal of the education rules in force in the erstwhile Malabar District. Section 3 (4) of the Kerala Education Act provides that all existing schools shall be deemed to have been established in accordance with the Act. The right to conduct Nellikkal Edom High School is vested in Alathur Educational society, a society registered under the Societies Registration Act, 1860, which is a corporate educational agency.

The right of A.S. Muhammed Kutty to conduct the school in his W.P(C) 2678/2011 & conn. :20:

individual capacity ceased on formation of the society. As per the bye-laws of the society, the manager is to be elected by the managing committee. A.S. Muhammed Kutty was the President (manager) and Correspondent of the school from 23.05.1956 till his death on 04.07.1959. The explanation to Section 7 of the Kerala Education Act provides that all the existing managers of aided schools shall be deemed to have been appointed under the Act. Late A.S. Muhammed Kutty was thus appointed under the Kerala Education Act. The DPI, in Ext. P6 order, found that after the death of A.S. Muhammed Kutty, the managing committee met on 12.07.1959 and the surviving members were re-elected and Smt. Suharabi was inducted into the committee and Sri. U. Ahammed Kabir, was elected as the manager, but no new members were inducted after 12.07.1959. The DPI found that the committee meeting held on 23.11.1980 was attended by nine members of which Sri. M. Ahammed Kabeer (sic; for U. Ahamed Kabeer) and Smt. M. Suharabi were the validly inducted members as per the bye-laws and other seven W.P(C) 2678/2011 & conn. :21:

members cannot be considered as members of the committee, but only as a collection of family members. Since no annual meetings of the committee were held as per rule 5 and since the term of the committee is for three years and no new members were inducted in the vacancies, the DPI came to the conclusion that the society has become defunct.

13. Sri. V.V. Sidharthan, the learned senior counsel for Smt. Khadeeja Begum contends that the direction of the DPI to revive the original Trust is perverse, as there is no trust deed or any mentioning of trust in the memorandum of association of the society and the society which has been functioning for more than half a century cannot be said to be defunct.

14. Ext. P1 Memorandum of Association of the society and the certificate of registration issued by the Registrar leave no room for doubt that Alathur Educational Society is a society registered under the Societies Registration Act, 1860. The word "trust" in Ext. P6 order of the DPI is only a misnomer to the word "society".

W.P(C) 2678/2011 & conn. :22:

15. The main issue that has to be answered is whether the society has become defunct as found by the DPI in Ext. P6 and as upheld by the Government in Ext. P8. As per the Rules and Regulations of the society set forth in Ext. P1 Memorandum of Association, the Alathur Educational Society is to be managed by a committee of seven members including the Headmaster of the Nellikkal Edom High School and the term of each member is three years unless they resign on their own will. The members of the committee are eligible for re-election. Whenever any vacancy occurs in the committee, the committee is competent to nominate a new member. The committee shall meet in the first week of May every year. Three members shall constitute a quorum. The proceedings of the meeting of the committee shall be reduced to minutes. As per section 1 of the Societies Registration Act, 1860, the minimum number of members required for the formation of a society is 7. After the death of A.S. Muhammed Kutty, the managing committee met on 12.07.1959 and all the existing six members were re-elected W.P(C) 2678/2011 & conn. :23:

for three years and Smt. Suharabi, was inducted into the committee, and Sri. U. Ahammed Kabir, her husband, was elected as the manager of the school. The term of the members of the committee re-elected and inducted on 12.07.1959 expired on 11.07.1962. There is nothing on record to show that any annual meeting of the committee was held after 11.07.1960 and whether any election was conducted to the committee after 11.07.1962, after the expiry of the term of the then members. As per Rule 3 of the Rules and Regulations of the society set forth in Ext. P1 Memorandum of Association, the office bearers, namely, the President, the Correspondent and the Secretary shall be elected every year from the members of the committee. In the meeting of the committee held on 12.07.1959, Sri. U. Ahammed Kabir was elected as the manager of the school for the period 1959-60. However, it is a mystery that he continued up to 1980 without any election as mandated under Rule 3 of the Rules and Regulations of the society. Section 4 of the Societies Registration Act, 1860 W.P(C) 2678/2011 & conn. :24:

provides for filing of annual list of managing body/committee before the Registrar and Rule 17 of the Rules and Regulations of the society provides that the society will abide by the provisions in sections 4 and 14 of the Societies Registration Act, 1860. In the absence of records to show that any meeting of the committee was convened for electing the office bearers of the committee after 11.07.1960, it has to be inferred that the term of office bearers including the manager expired on 11.07.1960. Since no records are there to show that election to the managing committee of the society was held after 11.07.1962, the inevitable inference is that the term of all the members of the committee expired on 11.07.1962.

16. The next meeting of the managing committee was held on 23.11.1980 after 21 years, when U. Ahamed Kabeer relinquished his position as manager in 1980. In the said meeting, by Ext. P2, it was resolved to constitute a new managing committee of nine members to run the school, whereas the Rules and Regulations set forth in Ext. P1 W.P(C) 2678/2011 & conn. :25:

memorandum of Association of the society provides that the managing committee shall consist of seven members, including the Headmaster of N.E. High School. All those 9 persons who were signatories to Ext. P2 are the children of late A.S. Muhammed Kutty. The Headmaster is not a signatory. There was no amendment to the bye-laws. Rule 2 of Chapter III of KER provides for approval of bye-laws on amendment. The said committee resolved to nominate Sri. M. Ahammed Kabeer as the manager and Correspondent of the school and the appointment was approved by the DEO. The approval was not challenged.

17. The next meeting of the managing committee was on 13.05.2009, after 29 years. Ext. P5 resolution refers to the 'previous managing committee members' as those nominated by Ext. P2 resolution dated 23.11.1980. In the said meeting, Smt. Khadeeja Beegum was elected as the manager of the society by an 'executive committee' of six members elected from among the managing committee of eight members. The W.P(C) 2678/2011 & conn. :26:

Headmaster of the school is not a signatory to Ext. P5 resolution. Induction of new members to the managing committee and formation of executive committee to manage the school and election of manager of the school by the executive committee are contrary to the Rules and Regulations of the society. No amendments were made to the bye-laws.

18. The constitution of the managing committees of the society through these years after 1962 was, no doubt, bad and there were no managing committees for years together. The election of the managers by these committees were also bad, but the appointment of Sri. M. Ahammed Kabeer in 1980 was not disputed and was approved by the DEO in terms of Rule 4 of Chapter III of KER and the election and appointment of Smt. Khadeeja Beegum as manager on 13.05.2009 alone was challenged, necessitating the above survey of the meetings.

The DPI is right to the extent of observing that there was no proper constitution of the managing committees as per the bye-

W.P(C) 2678/2011 & conn. :27:

laws of the society. For the said reason, can it be said that the society has become defunct?

19. There is no provision under the Societies Registration Act, 1860 to notify a society as defunct and to strike off its name from the Register. Once a society is registered under the Societies Registration Act, 1860, it attains the status of a legal entity apart from the members constituting the same. Once it is registered, there is no provision to cancel the registration. The society continues to exist until it is dissolved under section 13 at the instance of not less than three-fifths of the members constituting the society. Therefore, the society cannot be said to be defunct. Section 15 of the Societies Registration Act, 1860 defines a 'member of a society' and 'disqualified members'.

20. Section 15 of the Societies Registration Act reads as follows:

"Member defined: For the purposes of this Act a member of a society shall be a person who, having been admitted therein according to the rules and regulations thereof, shall have paid a subscription, or shall have signed the roll or list of members thereof, W.P(C) 2678/2011 & conn. :28:

and shall not have resigned in accordance with such rules and regulations;

Disqualified members: But in all proceedings under this Act no person shall be entitled to vote or be counted as a member whose subscription at the time shall have been in arrears for a period exceeding three months."

Even though the member of the society or the managing committee of the society changes, the society continues to exist until its dissolution in terms of section 13 of the Societies Registration Act, 1860. Though the Alathur Educational Society was formed by seven members who had subscribed their names to Ext. P1 Memorandum of Association, from Ext. P2 and P5 resolutions, it can be seen that more persons have been admitted as members in due course of time, though they were not validly inducted to the managing committee. They may be legal heirs of late A.S. Muhammed Kutty. The right of A.S. Muhammed Kutty to conduct the school in his individual capacity ceased on formation of the society. Since the society is not defunct, the right to conduct school will not revert to the legal heirs of A.S. Muhammed Kutty, but vests with the managing committee of the society in terms of the bye-laws of W.P(C) 2678/2011 & conn. :29:

the society. The finding of the DPI in Ext. P6 that the society has become defunct cannot be sustained. Since the society is not defunct and continues to exist, there is no need for any revival of the society.

21. The direction of the DPI to prepare fresh bye-laws for the society in terms of Rule 2 of Chapter III of the KER also cannot be sustained in view of my finding that the society is not defunct. The Rules and Regulations of the society set forth in Ext. P1 Memorandum of Association deal with the management of A.S.M.M.HSS (formerly Nellikkal Edom High School) including the election of its manager, the tenure of office etc. The said Rules and Regulations are in force from 1956 before the coming into force of the Kerala Education Act and Rules and there is no need for preparing any new bye-laws for the school in terms of Rule 2 of Chapter III of KER unless the Rules and Regulations run counter to the KER. As held by this Court in Gangadharan Moosad v. District Educational Officer [2003 KHC 678:

2003 (2) KLJ 520], when the bye-laws governing the W.P(C) 2678/2011 & conn. :30:

administration of the school was in existence before the Kerala Education Act came to the statute book, in the absence of a fresh constitution of a Corporate Management after the advent of the KER, the bye-laws were not subject to a re-approval and even in case the bye-laws run counter to the KER, the latter automatically takes care of the situation and the bye-laws have to be delegated to the background. Accordingly, the direction in Ext. P6 to prepare fresh bye-laws for the school in terms of Rule 2 of Chapter III of KER and to elect the manager based on the new bye-laws approved by the Deputy Director of Education, also cannot be sustained.

22. Having found that Ext. P6 order of the DPI to the extent indicated above cannot be sustained, the next question to be considered is whether this Court shall interfere with Ext. P6 in cancelling the approval granted to Smt. Khadeeja Begum as the manager of A.S.M.M.HSS. I have already found that the election of Smt. Khadeeja Begum as the manager was not as per the Rules and Regulations of the society and she was not W.P(C) 2678/2011 & conn. :31:

elected by a properly constituted managing committee. There was no challenge to the election of previous manager whose election and appointment in 1980 was tainted for the same reason. The said appointment was approved by the educational officer and the approval was not challenged. The election of Smt. Khadeeja Begum as manager and approval of her appointment as manager of the school was challenged by Smt. Suharabi before the authorities culminating in Exts. P6 and P8 orders.

23. Rule 2 of Chapter III of KER deals with constitution of corporate management and reads as follows:

"2. Constitution of Corporate Management- In the case of institutions under corporate Educational Agency, the constitution of the Educational Agency to the extent and in so far as it relates to the management of any school must be subject to rules approved by the [Director] which should prescribe among other things (a) the manner in which the proprietary body shall carry out its functions relating to the management of the institutions and (b) the manner in which the managing body shall be elected or appointed, the conditions and tenure of their office and their duties and powers with respect to the management of the institution. In the case of aided schools, the manner of appointment of managers also shall be specified in the rules. Such rules shall not be against the W.P(C) 2678/2011 & conn. :32:

provisions of the Education Act, the rules issued under it, or any other rules passed by the Department of the Government. Any change made in such rules subsequently shall be subject to approval by the [Director] before becoming operative.

24. Rule 4 of Chapter III of KER deals with approval of appointment of managers. Since the election of Smt. Khadeeja Begum as the manager of the school on 13.05.2009 was not in terms of the Rules and Regulations set forth in Ext. P1 Memorandum of Association of the society, the same cannot be approved and I uphold the finding of the DPI cancelling the approval of appointment of Smt. Khadeeja Begum as the manager of the school on a different reasoning stated above.

25. In the result, Ext. P6 order of the DPI and Ext. P8 order of the Government are set aside to the extent indicated above. All consequential orders including Ext. R5 (e) approving the new bye-laws and election to the managing committee and office bearers of the society held pursuant to Ext. R5 (e), shall stand set aside.

W.P(C) 2678/2011 & conn. :33:

Since the society continues to exist and is not defunct and the management of the school is vested in the society registered under the Societies Registration Act, 1860 as per Ext. P1, the managing body of the Corporate Educational Agency shall be elected in terms of the Rules and Regulations of the society. Accordingly, the District Educational Officer, Palakkad is directed to conduct election to constitute the managing committee of the society as well as the election to the office bearers of the society including the manager in terms of the Rules and Regulations set forth in Ext. P1 Memorandum of Association. The DEO shall call for a meeting of the general body of the society by giving notice to the members, coming within the ambit of Section 15 of the Societies Registration Act, 1860. If minimum seven members including the Headmaster of the A.S.M.M.HSS (formerly Nellikkal Edom High School) are present at the meeting, the DEO shall conduct election to the managing committee of the society. On such election being held, election to the office bearers, including the President W.P(C) 2678/2011 & conn. :34:

(manager) shall be held from among the members of the managing committee. The entire exercise shall be completed within three months. If the society has only less than seven members including the Headmaster, or if the managing committee cannot be constituted as per the Rules and Regulations in the meeting of the general body and the manager cannot be appointed, the Government shall, on report from the DEO, take appropriate steps for taking over the management of the society in accordance with the provisions of the Kerala Education Act and Rules. Till the managing committee is constituted and the manager is appointed, the DEO, Palakkad, shall continue to carry out the duties of the manager as authorised in Ext. P6.

The writ petitions are disposed of accordingly.

Sd/-

MURALI PURUSHOTHAMAN, JUDGE W.P(C) 2678/2011 & conn. :35:

APPENDIX OF W.P© NO.2678/2011 PETITIONER'S EXHIBITS:

EXT.P1:TRUE COPY OF THE MEMORANDUM OF THE ASSOCIATION OF THE SOCIETY.

EXT.P2:TRUE COPY OF THE RESOLUTION TO WHICH THE 4TH RESPONDENT IS A SIGNATORY.

EXT.P3:TRUE COPY OF GOVT.ORDER, G.O(MS)NO.157/93/G.EDN DATED 30.9.1993 ISSUED BY THE 1ST RESPONDENT.

EXT.P4:TRUE COPY OF THE ORDER IN C.M.P.NO.40289/2000 IN O.P.NO.23898/2000 OF THIS HONOURABLE COURT. EXT.P5:TRUE COPY OF RESOLUTION.

EXT.P6:TRUE COPY OF PROCEEDINGS ORDER NO.EMI/26645/2010/DPI DATED 24.06.2010.

EXT.P7:TRUE COPY OF THE RULES AND REGULATIONS OF THE ALATHUR EDUCATIONAL SOCIETY.

EXT.P8:TRUE COPY OF THE GOVERNMENT ORDER G.O.(RT)NO.102/11/G.EDN DATED 6.1.2011.

EXT.P9:TRUE COPY OF THE SALE DEED NO.658/956 OF PALAKKAD SRO. EXT.P10:TRUE COPY OF THE APPOINTMENT ORDERS ISSUED DURING THE MANAGERSHIP OF SRI.AHAMED KABEER.

RESPONDENTS' EXHIBITS:

EXT.R4(A):TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P(C)19454/2009 DT.24.2.2010.

EXT.R4(B):TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

EXT.R4©:TRUE COPY OF ORDER DTD.15.10.2010 IN W.P.(C)30315/2010 OF THIS HON'BLE COURT.

EXT.R4(D):TRUE COPY OF JUDT. DT.15.11.2010 IN W.P.(C)30315/2010 OF THIS HON'BLE COURT.

EXT.R4(E):TRUE COPY OF THE ORDER OF THE DEO, PALAKKAD DATED 18.1.2011.

W.P(C) 2678/2011 & conn. :36:

EXT.R4(F):TRUE COPY OF COMMUNICATION LETTER ISSUED BY THE DISTRICT REGISTRAR, PALAKKAD TO THE PRESIDENT OF THE SOCIETY DATED 12.10.2010.

EXT.R4(G):TRUE COPY OF LETTER SUBMITTED TO DDE, PALAKKAD WITH RULES AND REGULATIONS REGARDING THE CONSTITUTION OF ALATHUR EDUCATIONAL SOCIETY DATED 11.01.2011.

EXT.R4(H):TRUE COPY OF THE ORDER OF THE DISTRICT EDUCATIONAL OFFICER, PALAKKAD DATED 25.6.2009.

EXT.R4(I):TRUE COPY OF THE LETTER DATED 1.6.2009 ALONG WITH THE APPLICATION FORM AND DECLARATION.

EXT.R4(J):TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE THEN MANAGER.

EXT.R5(A):TRUE COPY OF THE NOTIFICATION ISSUED BY THE GOVERNMENT OF KERALA IN THE KERALA GAZETTE DATED 6.4.1965. EXT.R5(B):TRUE COPY OF THE COUNTER AFFIDAVIT BY U AHAMED KABIR IN OP NO.1033/1965 DT.22.6.1965.

EXT.R5(D):TRUE COPY OF THE APPLICATION FORM SUBMITTED BY THE CORRESPONDENT N.E HIGH SCHOOL, ALATHUR BEFORE THE DIRECTOR OF PUBLIC INSTRUCTION DATED 12.02.1962. EXT.R5(E):TRUE COPY OF THE PROCEEDINGS OF THE DIRECTOR OF PUBLIC INSTRUCTION DATED 14.03.1963.

 W.P(C) 2678/2011 & conn.             :37:



                   APPENDIX OF W.P(c) NO.27415/2011



PETITIONER'S EXHIBITS:

EXT.P1:TRUE COPY OF THE ORDER NO.EMI/26645/2010/DPI DATED 24.6.2010. EXT.P2:TRUE COPY OF GO(RT)NO.102/11/G.EDN DATED 6.01.2011. EXT.P3:TRUE COPY OF THE ORDER NO.EMI/22652/2011/DPI DATED 01.10.2011. RESPONDENTS' EXHIBITS:

EXT.R5(A):TRUE PHOTOCOPY OF THE ORDER DATED 15.10.2011 ISSUED BY THE 3RD RESPONDENT.

EXT.R5(A)(I):TRUE PHOTOCOPY OF THE APPROVED CONSTITUTION. EXT.R5(B):TRUE PHOTOCOPY OF THE COVERING LETTER DATED 01.06.2009. EXT.R5(B)(I):TRUE PHOTOCOPY OF THE APPLICATION DATED 01.06.2009. EXT.R5©:TRUE PHOTOCOPY OF THE ORDER DATED 25.06.2009 ISSUED BY THE 4TH RESPONDENT.

 W.P(C) 2678/2011 & conn.            :38:



                   APPENDIX OF WP(C) 28952/2014


PETITIONER EXHIBITS

EXHIBIT P1. TRUE COPY OF THE ORDER OF THE 3RD RESPONDENT DATED 25.06.2009.

EXHIBIT P2. TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 24.06.2010.

EXHIBIT P3. TRUE COPY OF THE ORDER OF THE 4TH RESPONDENT DATED 13.05.2014.

EXHIBIT P3(A). TRUE COPY OF THE ERRATUM ORDER DATED 16.08.2014.

EXHIBIT P4. TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE PETITIONER HEREIN IN CONT. CASE (C) NO.947/2014. EXHIBIT P5. TRUE COPY OF THE ORDER OF THE 4TH RESPONDENT DATED 20.09.2014.

EXHIBIT P6. TRUE COPY OF THE PETITION DATED 25.08.2014 ALLEGED TO HAVE BEEN FILED BY THE 5TH RESPONDENT BEFORE THE 3RD RESPONDENT.

           W.P(C) 2678/2011 & conn.            :39:



                             APPENDIX OF WP(C) 20203/2015



PETITIONER EXHIBITS


EXT.P1                TRUE COPY OF THE APPOINTMENT ORDER DATED 1-6-2000.
EXT.P2                TRUE COPY OF THE PROPOSAL FOR APPROVAL OF APPOINTMENT
                      DATED 8-9-2000.
EXT.P3                TRUE COPY OF THE APPOINTMENT ORDER DATED 2-6-2004.
EXT.P4                TRUE COPY OF THE APPOINTMENT ORDER DATED 1-7-2004.
EXT.P5                TRUE COPY OF THE LIST OF HSA (MATHS) AS ON 1-6-2015 IN THE
                      SCHOOL.
EXT.P6                TRUE COPY OF THE CERTIFICATE OF B.ED COURSE DATED 29-12-
                      1999.
EXT.P7                TRUE COPY OF THE CERTIFICATE OF M.SC COURSE DATED 31-5-
                      1991.
EXT.P8                TRUE COPY OF THE CERTIFICATE OF SET EXAMINATION DATED
                      21-12-2002.
EXT.P9                TRUE COPY OF THE ORDER NO.EMI 26645/2010/DPI DTD 24-6-
                      2010.
EXT.P10               TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE

PETITIONER BEFORE THE 3RD RESPONDENT DT 11-5-2015. RESPONDENTS' EXHIBITS:

EXT.R4(A) TRUE COPY OF THE PROCEEDINGS OF THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD DATED 15.10.2011.

 W.P(C) 2678/2011 & conn.            :40:



                   APPENDIX OF WP(C) 22332/2015

PETITIONER EXHIBITS
EXT.P1             TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT
                   DATED 24/6/2010.
EXT.P2             TRUE COPY OF THE CONSTITUTION OF THE SOCIETY AND
                   PROCEEDINGS OF THE 3RD RESPONDENT DATED
                   15/10/2011.
EXT.P3             TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER

BEFORE THE 4TH RESPONDENT DATED 20/4/2015. EXT.P4 TRUE COPY OF THE REPLY GIVEN BY THE 4TH RESPONDENT DATED 8/5/2015.

spc/

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