Kerala High Court
Justice D. Hariparanthaman (Retd.) vs State Of Kerala on 22 July, 2021
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 22ND DAY OF JULY 2021 / 31ST ASHADHA, 1943
WP(C) NO. 15768 OF 2020
PETITIONER:
1 REV. J.MOHAN RAJ
AGED 52 YEARS
PRESIDENT, TRIVANDRUM SYNOD-INDIA EVANGELICAL LUTHERAN
CHURCH (IELC), C.L.H.S.S. COMPOUND, PEROORKADA P.O.,
THIRUVANANTHAPURAM DISTRICT-695005.
2 CORPORATE MANAGEMENT OF LUTHERAN SCHOOLS,
TRIVANDRUM SYNOD-INDIA EVANGELICAL LUTHERAN CHURCH (IELC),
C.L.H.S.S. COMPOUND, PEROORKADA P.O., THIRUVANANTHAPURAM
DISTRICT-695005, REPRESENTED BY ITS MANAGER, REV. M.MOHANAN.
3 REV. M.MOHANAN,
MANAGER, CORPORATE MANAGEMENT OF LUTHERAN SCHOOLS,
TRIVANDRUM SYNOD-INDIA EVANGELICAL LUTHERAN CHURCH (IELC),
C.L.H.S.S. COMPOUND, PEROORKADA P.O., THIRUVANANTHAPURAM
DISTRICT-695005.
BY ADVS.
LIJU.V.STEPHEN
SMT.INDU SUSAN JACOB
RESPONDENTS:
1 THE PRINCIPAL SECRETARY
DEPARTMENT OF GENERAL EDUCATION, JAGATHI, THIRUVANANTHAPURAM
DISTRICT-695014.
2 THE DIRECTOR OF GENERAL EDUCATION,
GENERAL EDUCATION DEPARTMENT, JAGATHI, THIRUVANANTHAPURAM
DISTRICT-695014.
3 JUSTICE D.HARIPARANTHAMAN (RETD.)
ADMINISTRATOR - IELC, NO.47, ELDAMS ROAD, TEYNAMPET,
CHENNAI-600018.
BY ADVS.
SMT.K.S.ARCHANA
SRI.BABU JOSEPH KURUVATHAZHA
WP(C) NOS. 15768 & 17060 OF 2020
2
OTHER PRESENT:
SRI. P.M.MANOJ - SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.07.2021, ALONG WITH WP(C).17060/2020, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NOS. 15768 & 17060 OF 2020
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 22ND DAY OF JULY 2021 / 31ST ASHADHA, 1943
WP(C) NO. 17060 OF 2020
PETITIONER:
JUSTICE D. HARIPARANTHAMAN (RETD.)
AGED 64 YEARS
S/O. DURAI SWAMI, NO. 47, ELDAMS ROAD, TEYNAMPET, CHENNAI,
TAMIL NADU-600018, RESIDING AT HOUSE NO. 2, FIRST MAIN ROAD,
KAMARAJ NAGAR, THIRUVANIYUR,CHENNAI, TAMILNADU-600041
(INTERIM ADMINISTRATOR OF EVANGELICAL LUTHERAN CHURCH,
APPOINTED BY THE HIGH COURT OF JUDICATURE, MADRAS),
REPRESENTED BY HIS POWER OF ATTORNEY HOLDER, D. TITUS, S/O.
LATE M. DEVADASAN, AGED 71 YEARS, PONVILA, GCN 115, GC NAGAR
2ND STREET, PEROORKKADA P.O,THIRUVANANTHAPURAM-695 005,
KERALA.
BY ADVS.
BABU JOSEPH KURUVATHAZHA
SMT.K.S.ARCHANA
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT,
DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001
2 DIRECTOR OF GENERAL EDUCATION,
GENERAL EDUCATION DEPARTMENT, JAGATHI, THIRUVANANTHAPURAM
DISTRICT, PIN-695 014
3 REV.M. MOHANAN,
PASTOR, C.L.H.S.S.COMPOUND, PEROORKADA P.O,
THIRUVANANTHAPURAM DISTRICT, PIN-695 005
WP(C) NOS. 15768 & 17060 OF 2020
4
4 DEPUTY DIRECTOR OF EDUCATION,
KOCHAR ROAD, PAZHAYASALAI, VALIYASALAI,
THIRUVANANTHAPURAM, PIN-695 036
BY SRI.P.M.MANOJ-SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.07.2021, ALONG WITH WP(C).15768/2020, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NOS. 15768 & 17060 OF 2020
5
JUDGMENT
The constitutive issue in this case is in an extremely narrow compass ― as to who should be the Corporate Manager of 23 Schools owned by the 'India Evangelical Lutheran Church' (IELC).
2. It transpires that on account of internecine disputes between the members of the IELC, which is spread over various 'Synods', including the one in Kerala, called 'Trivandrum Synod", certain proceedings came to be launched before the High Court of Madras, which led to appointment of an Administrator to be in its overall charge. The learned Administrator is a former Judge of the Madras High Court and after he took over, dialectical claims appear to have arisen as to who should be the Manager of the Schools in Kerala, which is governed by the Trivandrum Synod of the IELC.
3. Even though applications appear to have been filed before the Hon'ble High Court of Madras for this purpose, the orders on record show that no specific directions were issued and that the parties were left to agitate these issues before the competent educational Authorities in Kerala.
4. The matter thus reached the cognizance of the Director WP(C) NOS. 15768 & 17060 OF 2020 6 of General Education (DGE), who heard the rival parties and thereafter, issued an order dated 28.07.2020, finding that the learned Administrator cannot be the Manager of the Schools, since he is in overall charge of the IELC; and further opposing the claims made by the existing Manager and certain other members of the 'Trivandrum Synod' because the by-laws of the IELC would not permit anyone to continue as the Manager beyond two terms. The DGE, thereafter, appointed the Deputy Directors of respective districts, in which schools are situated to be the interim managers and ordered that they will act under the overall control and supervision of the learned Administrator.
5. The learned Administrator of the IELC has filed W.P. (C)No.17060/2020 challenging the afore order of the DGE, asserting that he ought to have been appointed as the Manager; while President of the 'Trivandrum Synod' of the IELC and the earlier Manager of the Schools have filed W.P.(C)No.15768/20 assailing the same order, contending that one among them ought to have been recognized as the Manager by the DGE.
6. I have heard this matter in great detail over several days.
7. Noticing the imbroglio presented in this case, I passed an WP(C) NOS. 15768 & 17060 OF 2020 7 order on 22.06.2021 as under:
"I have heard these matters in some detail today.
There are several issues impelled by the rival parties, including as to how the school in Trivandrum will have to be administered in the absence of an elected Manager.
During the course of hearing, this Court expressed a doubt as to who is the educational agency of the school under the Trivandrum Synod; and the rival parties gave opposing answers.
As matters now stand, it is clear that the disputes with respect to the school in question is continuing because election to the Trivandrum synod has not been held. The Honourable High Court of Madras has entrusted the task of conducting the elections with Justice Sri.D.Hariparanthaman (Retd) (petitioner in W.P(C)No.17060/2020).
I, therefore, adjourn these matters to be called on 24.06.2021; within which time, Sri.Babu Joseph Kuruvathazha, learned counsel appearing for Justice Sri.D.Hariparanthaman, will ascertain the time frame within which elections to the Trivandrum synod will be held, with a further direction to the learned Government Pleader and to Sri.Liju V. Stephen, learned counsel for the petitioner in W.P(C)No.15768/2020, to inform this Court, based on relevant documents, as to who or which entity is the recognised educational agency of the school in question. "
8. Thereafter, on 05.07.2021, I heard the learned counsel for the parties exhaustively and suggested at the Bar that WP(C) NOS. 15768 & 17060 OF 2020 8 the learned Administrator, being the Head of the Church as appointed by the Hon'ble Madras High Court, could not have normally staked claim to be the Manager of the Schools, since this would lead to confining all powers to one Authority.
9. Though, initially Sri.Babu Joseph Kuruvathazha, the leaned counsel for the Administrator, tried to argue against this, he conceded that, in such circumstances, his client will furnish a name to be the Manager, so that this Court can then direct the DGE to recognize him.
10. Accordingly, Sri.Babu Joseph Kuruvathazha, filed pleadings before this Court, nominating the name of a certain Sri.Dinkar Devaraj to be the Manager; but this name was not accepted by Sri.Liju V. Stephen, learned counsel appearing on behalf of the petitioners in W.P.(C)No.15768/2020.
11. Therefore, by order dated 05.07.2021, I recorded the afore and allowed the petitioners in W.P.(C)No.15768/2020 to file a panel from their side. The said order is as infra:
"The learned Administrator has suggested the name of Sri.Dinakar Devaraj to be the Manager of the School. However, the petitioners in W.P.(C)No.15768/2020 WP(C) NOS. 15768 & 17060 OF 2020 9 opposes this on various grounds.
I, therefore, direct the petitioners in W.P.(C)No.15768/2020 to furnish a panel of people whom they suggest to be the Manager of the School and this shall be done by 09.06.2021.
The Administrator may also, if he is interested, file list of people from his side."
12. Sri.Liju V. Stephen, then filed a memo proposing the names of three individuals to be the Manager of the Schools, but everyone of them was opposed by Sri.Babu Joseph Kuruvathazha, on various grounds, including that they were all interested persons and that there were several controversies surrounding them, including pending earlier litigations.
13. Noticing this, I again asked Sri.Liju V . Stephen to suggest fresh names of those people who are not involved in any litigation and who have not been drawn into any controversy with respect to various issues in these cases.
14. Sri.Liju V. Stephen, thus filed a memo suggesting the names of Dr.D.K.Satheesh, former Principal, University College, Thrivandrum, and Sri.D.Rupan, Retired Executive Engineer, Irrigation Department, Government of Kerala.
15. It is in the afore scenario that this matter has been listed before me today.
WP(C) NOS. 15768 & 17060 OF 2020 10
16. Sri.Babu Joseph Kuruvathazha today, submitted that objections have been filed on record by his client - the learned Administrator, against both the names now suggested by the petitioners in W.P.(C)No.15768/2020. He submitted that, as far as Sri.D.Rupan is concerned, he cannot be entrusted with the task of being the Manager of the Schools because he had earlier written against the learned Administrator, casting aspersions on him. As regards Dr.D.K.Satheesh, pertinently, the learned Administrator did not appear to have any objections as afore, but only that he is a converted christian, who does not actively participate in the activities of the IELC or its Trivandrum Synod.
17. When I hear Sri.Babu Joseph Kuruvathazha on behalf of his client - the learned Administrator, I am of the firm view that Dr.D.K.Satheesh, therefore, would come out as the best person to be entrusted with the task of managing the Schools, because nobody has a case that he is involved in any controversy or that he was arrayed in any litigation, past or present with respect to the IELC. The only objection, as I have already indited above, against Dr.Satheesh from the learned Administrator is that he is not a practicing Christian, which, in my view, would augur well in these WP(C) NOS. 15768 & 17060 OF 2020 11 circumstances, because the internecine disputes between the parties would not, in any manner, influence him or temper his decisions to be taken as the Manager of the Schools.
18. That said, I must place on record for the information of both sides that what is of acme concern for this Court is that the Schools are administered effectively by a competent individual who has deference to law and who will not act beyond the parameters of the statutory mechanism enshrined under the Kerala Education Act and Rules. It is in this perspective that I had requested both sides to suggest the names of those individuals with proven stature in society and whose credentials are beyond controversy. Among the many names brought to my notice, it is the name of Dr.D.K.Satheesh which has gathered the least if not, no controversy; and it is uncontested that he is a man of an eminence, being the former Principal of a large College like the University College, Thiruvananthapuram. Obviously, his management acumen and his capacity to lead such a big College would hold him in good stead when he has to act as the Manager of the Schools under the IELC. Since the only objection against him is that he is a non practicing Christian and nothing else, even from the side of the learned WP(C) NOS. 15768 & 17060 OF 2020 12 Administrator, I am sure that this Court will be fully justified in appointing him as the Manager and to direct the Educational Authorities to recognize him as such, under the provisions of the KER.
In the afore circumstances, I order these writ petitions without entering into the internecine disputes between or the rival allegations impelled by the parties -- both sides having expressly conceded that another person from the Trivandrum Synod be appointed as the Manager -- thus setting aside the impugned orders in these cases to the extent to which it has appointed the Jurisdictional Deputy Directors of Education as the Managers of the Schools owned by the IELC; with a resultant direction to the Director of General Education to issue fresh orders appointing Dr.D.K.Satheesh, former Principal, University College, Thiruvananthapuram, as the Manager of the Schools, as per the provisions of the KER.
The afore exercise shall be completed by the DGE, as expeditiously as is possible but not later than ten days from the date of receipt of a copy of this judgment.
Needless to say, until such time as the afore orders are issued, WP(C) NOS. 15768 & 17060 OF 2020 13 the present arrangement, namely that of the Deputy Directors of Education in the respective districts continuing as Managers will remain; and once the orders in terms of these directions are issued, Dr.D.K.Satheesh will commence his duties in such post without any avoidable delay.
It goes without saying that when the DGE passes orders in terms of these directions, he will make it clear that the Manager will act expressly under the overall command and supervision of the learned Administrator, in terms of the directions of the Hon'ble High Court of Madras.
SD/-
DEVAN RAMACHANDRAN JUDGE rp WP(C) NOS. 15768 & 17060 OF 2020 14 APPENDIX OF WP(C) 17060/2020 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE JUDGMENT DATED 31.07.2018 IN TR.
CS. NO.741/2017 AND A. NO. 1695 2018 OF THE HON'BLE HIGH COURT OF JUDICATURE AT MADRAS.
Exhibit P2 TRUE COPY OF THE ORDER DATED 28/09/2018 IN WP(MD) NO.13107/2018 OF THE MADURAI BENCH OF THE HON'BLE MADRAS HIGH COURT.
Exhibit P3 TRUE COPY OF THE ORDER DATED 18/12/2019 IN A NOS.
8281 AND 8282/2019 IN TR CS NO. 740 OF THE HON'BLE HIGH COURT OF JUDICATURE, MADARAS.
Exhibit P4 TRUE COPY OF THE ORDER DATED 06/09/2019 ISSUED BY THE 2ND RESPONDENT.
Exhibit P4(A) TRUE COPY OF THE LETTER DATED 23/09/2019 ISSUED BY THE PETITIONER TO THE 3RD RESPONDENT.
Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED 23/09/2019 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 22/11/2019 WPC NO.31544/2019 OF THIS HONOURABLE COURT. Exhibit P7 TRUE COPY OF THE NOTICE OF HEARING DATED 09/12/2019 ISSUED ON BEHALF OF THE 2ND RESPONDENT.
Exhibit P8 TRUE COPY OF THE LETTER DATED 10/12/2019 SENT BY THE PETITIONER TO THE 2ND RESPONDENT.
Exhibit P9 TRUE COPY OF THE JUDGMENT DATED 09/03/2020 IN WPC NO.2319/2020 OF THIS HONOURABLE COURT.
Exhibit P10 TRUE COPY OF THE REPRESENTATION DATED 30/03/2020 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
Exhibit P11 TRUE COPY OF THE REPRESENTATION DATED 20/03/2020 SUBMITTED BY REV. J.MOHAN RAJ, BEFORE THE 2ND WP(C) NOS. 15768 & 17060 OF 2020 15 RESPONDENT, REQUESTING TO EXTEND THE TENURE OF THE 3RD RESPONDENT.
Exhibit P12 TRUE COPY OF THE INTERIM ORDER DATED 24/07/2020 IN WPC NO.11952/2020 OF THIS HONOURABLE COURT. Exhibit P13 TRUE COPY OF THE NOTE OF ARGUMENT DATED 25/07/2020 MAILED TO THE OFFICE OF THE 2ND RESPONDENT. Exhibit P14 TRUE PHOTOCOPY OF THE COMPUTER LINK DATED 26/07/2020, PERTAINING TO THE SENDING OF EXT. P13, ON BEHALF OF THE PETITIONER, BY HIS POWER OF ATTORNEY HOLDER.
Exhibit P14(A) TRUE PHOTOCOPY OF THE COMPUTER LINK DATED 27/07/2020, PERTAINING TO THE SENDING OF EXT.P13, BY THE COUNSEL OF THE PETITIONER.
Exhibit P15 TRUE COPY OF THE ORDER NO. E.T.4/45530/2020/D.G.E. DATED 28/07/2020 ISSUED BY THE 2ND RESPONDENT. Exhibit P16 TRUE COPY OF THE REVIEW PETITION DATED 14/08/2020 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.
Exhibit P17 TRUE COPY OF THE ORDER OF THE HON'BLE HIGH COURT OF JUDICATURE AT MADRAS DATED 25/08/2020 IN MEMO-XIN TR.CS NO.740/2017.
Exhibit P18 TRUE COPY OF THE REVISED CONSTITUTION AND BYELAWS OAF THE CORPORATE MANAGEMENT SCHOOLS OF INDIA EVANGELICAL LUTHERAN CHURCH (IELC).
Exhibit P19 TRUE COPY OF THE ORDER NO. G4-6656/72/R.DIS. DATED 16/05/1975 ISSUED BY THE 4TH RESPONDENT. Exhibit P20 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT DATED 01/07/2008 IN WA NO.2311/2006.
WP(C) NOS. 15768 & 17060 OF 2020 16 APPENDIX OF WP(C) 15768/2020 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE BYE-LAW OF THE INDIA EVANGELICAL LUTHERAN CHURCH(IELC) REGISTERED UNDER THE SOCIETIES REGISTRATION ACT XXI OF 1860.
EXHIBIT P2 A TRUE COPY OF THE BYE-LAW OF THE INDIA EVANGELICAL LUTHERAN CHURCH(IELC) TRIVANDRUM SYNOD, CONSTITUTION 1988.
EXHIBIT P3 A TRUE COPY OF THE APPROVED BYE-LAW OF THE
1.PETITIONER TRIVANDRUM SYNOD REGISTERED BY ORDER NO.G4-6656/72/R.DIS.
EXHIBIT P4 A TRUE COPY OF THE INTERIM ORDER OF THE MADRAS HIGH COURT IN TR.C.S.NO.741/2017 AND A.NO.1695/2018 DATED 31.07.2018.
EXHIBIT P5 A TRUE COPIES OF THE REPRESENTATION DATED 1.7.2019 MADE BY 1 PETITIONER TO THE 2 RESPONDENT AND 3 PETITIONER.
EXHIBIT P6 A TRUE COPY OF THE ORDER GRANTING APPROVAL FOR EXTENSION DATED 6-9-2019 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P7 A TRUE COPY OF THE COMMUNICATION DATED 23.09.2019 MADE BY THE ADMINISTRATOR 3 RESPONDENT TO THE 2 PETITIONER.
EXHIBIT P8 A TRUE COPY OF THE JUDGMENT DATED 22.11.2019 IN W.P.(C) NO.31544/2019.
EXHIBIT P9 A TRUE COPY OF THE HEARING NOTICE DATED 09.12.2019 ISSUED BY THE 2ND RESPONDENT TO THE 2ND PETITIONER AND THE 3 RESPONDENT AND OTHERS.
EXHIBIT P10 A TRUE COPY OF THE REPRESENTATION DATED 10.12.2019 MADE BY THE 3 RESPONDENT TO THE DIRECTOR OF GENERAL EDUCATION.
EXHIBIT P11 A TRUE COPY OF THE INTERIM ORDER DATED 20.12.2019 WP(C) NOS. 15768 & 17060 OF 2020 17 PASSED BY THE HON'BLE HIGH COURT OF KERALA. EXHIBIT P12 A TRUE COPY OF THE COMMON JUDGMENT DATED 9.3.2020 IN WRIT PETITION(C) NO.35463/2019 AND WRIT PETITION (C) NO.2319/2020 OF THE HON'BLE HIGH COURT OF KERALA.
EXHIBIT P13 A TRUE COPY OF ORDER ISSUED BY THE 1 AND 2 PETITIONERS EXTENDING THE MANAGERSHIP OF THE 3 PETITIONER DATED 13.3.2020.
EXHIBIT P14 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1 PETITIONER DATED 20.03.2020 TO THE 2 RESPONDENT. EXHIBIT P15 A TRUE COPY OF THE ORDER NO.E.T.4/45530/2020/D.G.E DATED 28.07.2020.
EXHIBIT P16 A TRUE COPY OF THE ORDER DATED 08.02.2021 IN I.A. NO.2727/2020 AND C.S.NO.741/2017 ANM A. NO.911/2020 AND A. NO. 8283 PASSED BY THE MADRAS HIGH COURT. RESPONDENT EXHIBITS EXHIBIT R3(a): TRUE COPY OF THE JUDGMENT DATED 31/07/2018 IN TR.CS.NO.741/2017 AND A.NO.1695 2018 OF THE HON'BLE HIGH COURT OF JUDICATURE AT MADRAS.
EXHIBIT R3(b): TRUE COPY OF THE ORDER DATED 28/09/2018 IN WP(MD) NO.13107/2018 OF THE MADURAI BENCH OF THE HON'BLE MADRAS HIGH COURT.
EXHIBIT R3(c): TRUE COPY OF THE ORDER DATED 18/12/2019 IN A.NOS.8281 AND 8282 OF 2019 IN TR.CS.NO.741 OF THE HON'BLE HIGH COURT OF JUDICATURE, MADRAS. EXHIBIT R3(d): TRUE COPY OF THE REPRESENTATION DATED 23/09/2019 SUBMITTED BY THE 3RD RESPONDENT BEFORE THE 2ND RESPONDENT.
EXHIBIT R3(e): TRUE COPY OF THE REPRESENTATION DATED 30/03/2020 SUBMITTED BY THE 3RD RESPONDENT BEFORE THE 2ND RESPONDENT.
EXHIBIT R3(f): TRUE COPY OF THE INTERIM ORDER DATED 24/07/2020 IN WP(C) NOS. 15768 & 17060 OF 2020 18 WPC.NO.11952/2020 OF THIS HON'BLE COURT. EXHIBIT R3(g): TRUE COPY OF THE NOTES OF ARGUMENT DATED 25/07/2020 MAILED TO THE OFFICE OF THE 2ND RESPONDENT. EXHIBIT R3(h): TRUE PHOTOCOPY OF THE COMPUTER LINK DATED 26/07/2020 PERTAINING TO THE SENDING OF EXT.R3(g), ON BEHALF OF THE 3RD RESPONDENT, BY HIS POWER OF ATTORNEY HOLDER.
EXHIBIT R3(i): TRUE PHOTOCOPY OF THE COMPUTER LINK DATED 27/07/2020, PERTAINING TO THE SENDING OF EXT.R3(g), BY THE COUNSEL OF THE 3RD RESPONDENT.
EXHIBIT R3 TRUE COPY OF THE ORDER OF THE HON'BLE HIGH COURT OF JUDICATURE AT MADRAS DATED 25/08/2020 IN MEMO-X IN TR.CS.NO.741/2017.