Kerala High Court
Joseph Jacob.C(Proposed Manager) vs The State Of Kerala Represented
Author: V.Chitambaresh
Bench: V.Chitambaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
WEDNESDAY, THE 15TH DAY OF FEBRUARY 2012/26TH MAGHA 1933
WP(C).No. 36168 of 2009 (M)
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PETITIONERS:
-------------------
1. JOSEPH JACOB.C(PROPOSED MANAGER)
S/O.LATE C.M.JACOB,
CHIRAMAL HOUSE, S.V.COLONY, KOZHIKODE-6
KOZHIKODE (DT).
2. M.M.FRANCIS, S/O.LATE MATHEW M.P.,
SECRETARY, ST.FRANCIS READING ASSOCIATION, MATTOM
TRICHUR (DT), MULAKKAL HOUSE, P.O.NAMBAZHIKKAD
MATTOM, TRICHUR (DT).
3. M.T.GEORGE, S/O.LATE THOMAS,
MALLIYEMAVU HOUSE, MATTOM P.O., TRICHUR (DT).
4. E.K.THOMAS, S/O.LATE KURIAKOSE,
EDAKKALATHOORE HOUSE, MATTOM P.O., TRICHUR (DT).
BY ADVS.SRI.PHILIP ANTONY CHACKO
SRI.K.A.ANAS
RESPONDENTS:
----------------------
1. THE STATE OF KERALA REPRESENTED
BY ITS CHIEF SECRETARY, GOVERNMENT OF KERALA
SECRETARIAT, THIRUVANANTHAPURAM.
2. THE SECRETARY,
GENERAL EDUCATION (F) DEPARTMENT, GOVT. OF KERALA
SECRETARIAT, TRIVANDRUM.
3. THE DIRECTOR OF PUBLIC INSTRUCTION,
DPI'S OFFICE, THIRUVANANTHAPURAM.
4. THE DEPUTY DIRECTOR OF EDUCATION,
TRICHUR, TRICHUR (DT).
5. DISTRICT EDUCATIONAL OFFICER,
CHAVAKKAD, TRICHUR (DT).
WP(C).No. 36168 of 2009 (M) --2--
6. FR.VARGHESE PALATHINGAL,
VICAR ST.THOMAS FERONA CHURCH, MATTOM, MATTOM P.O.
TRICHUR (DT).
7. M.I.ANTO,
MULAKKAL HOUSE, MATTOM P.O., TRICHUR (DT).
* ADDL. R8 IMPLEADED
* M.K VARGHESE, S/O. KOCHAPPAN
AGED 47 YEARS, MULAKKAL HOUSE
CHELUR VAKA P.O., THRISSUR DISTRICT
* ADDL. R9 IMPLEADED
* ST.FRANCIS READING ASSOCIATION, P.O.MATTOM,
THRISSUR, REP. BY ITS SECRETARY SHRI M.I. ANTO.
IS IMPLEADED AS PER ORDER DATED 28/1/2010 IN I.A.NO. 1030/2010 IN
W.P.C.NO.36168/2009
R,R7 BY SRI.DEEPU THANKAN
R,R6 BY SRI.GEORGE THOMAS (MEVADA)
R,R6 BY SRI.RAMACHANDRA MENON
R6 BY SMT.VIDYA GOPINATH
R,ADDL.R8 BY SRI.SHAJI P.CHALY
R,ADDL.R10 BY SRI.SHAJI P.CHALY
R,R2 BY GOVERNMENT PLEADER
R,ADDL.R9 BY SRI.P.M.SEBASTIAN
BY GOVERNMENT PLEADER, SMT.ROSE MICHAEL
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15-02-2012,
ALONG WITH WPC. 37682/2009, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No. 36168 of 2009 (M)
APPENDIX
PETITIONERS EXHIBITS
P1 COPY OF THE MINUTES DATED 1-1-1906 OF THE (VAYANA SAMAJAM)READING
ASSOCIATION OF ST.FRANCIS-COSE SHAVRIYAR VAYANA SAMAJAM.
P2 COPY OF THE ORDER APPROVING THE CONSTITUTION DATED 23-12-1968 BY
THE REGIONAL DEPUTY DIRECTOR OF PUBLIC INSTRUCTION , ERNAKULAM
P3 COPY OF THE JUDGMENT DATED 13-12-2001 IN O.P.NO.17955 OF 2001 ALLOWING
THE ORIGINAL PETITION BY THE HON'BLE COURT
P4 COPY OF THE ORDER DATED 11-3-2002 ISSUED BY THE DIRECTOR OF PUBLIC
INSTRUCTION
P5 COPY OF THE CONSTITUTION OF THE CORPORATE EDUCATIONAL AGENCY OF
THE ST.FRANCIS READING ASOCIATION, MATTOM AFTER THE AMENDMENT
TO CLAUSES 6,8 AND 9 DATED NIL
P6 COPY OF THE ORDER DATED 22-3-2002 ISSUED BY THE 5TH RESPONDENT
P7 COPY OF THE JUDGMENT DATED 10-4-2002 IN WRIT APPEAL 855 OF 2002 AND
856 OF 2002 AND O.P.NO.8227 OF 2002 BY THE HON'BLE COURT
P8 COPY OF THE MEMORANDUM OF W.A NO.856/2002 DATED 2-4-2002, WITHOUT
INDEX, AFFIDAVIT AND ANNEXURES FILED BY THE ECRETARY, ST.FRANCIS
READING ASSOCIATION MATTOM AND K.J.JOSE.
P9 COPY OF THE MEMORANDUM OF ORIGINAL PETITION, O.P.NO. 17955 OF 2001
DATED 14-6-2001 WITHOUT INDEX, AFFIDAVIT AND ANNEXURES FILED BY
M.I.ANTO , SECRETARY, ST.FRANCIS READING ASSOCIATION
P10 COPY OF THE CERTIFICATE DATED 29-9-1998 WITH THE MEMORANDUM OF
ASSOCIATION OF THE ST.FRANCIS READING ASSOCIATION, MATTOM
REGISTERED.
WP(C).No. 36168 of 2009 (M) ---2---
P11 COPY OF THE MEMORANDUM OF ORIGINAL PETITION, O.P.NO. 16575/2000
DATED 11-6-2000 WITHOUT INDEX, AFFIDAVITS AND EXHIBITS FILED BEFORE
THE HON'BLE COURT OF KERALA
P12 COPY OF THE WRITTEN STATEMENT DATED NIL OCTOBER 2002 FILED BY
M.I.ANTO AS SECRETARY OF THE ASSOCIATION AND K.J.JOSE AS CORPORATE
MANAGER FILED IN O.S.NO. 262/2002 BEFORE THE MUNSIFF COURT,
WADAKKANCHERY
P13 COPY OF THE COUNTER STATEMENT DATED 1-6-2002 FILED BY M.I ANTO
(M.E.ANTO), SECRETARY AND K.J.JOSE, THE CORPORATE MANAGER AT THAT
TIME IN I.A.NO 622 OF 2002 IN O.S.NO. 262 OF 2002 BEFORE THE MUNSIFF COURT,
WADAKKANCHERY
P14 COPY OF THE MINUTES DATED 17-4-2002 OF THE ST.FRANCIS READING
ASSOCIATION , MATTOM
P15 COPY OF THE ORDER DATED 26-7-2005 IN I.A.NO. 2243/2005 IN R.F.A. NO. 384/20058
BY THE HON'BLE COURT
P16 COPY OF THE CAVEAT PETITION, O.P.150 OF 2005 DATED 18-6-2005 FILED BY
THE 6TH RESPONDENT BEFORE THE DISTRICT COURT, TRICHUR.
P17 COPY OF THE LETTER DATED 6-6-2004 FILED BY K.J.JOSE , MANAGER,
ST.FRANCIS READING ASSOCIATION, CORPORATE EDUCATIONAL AGENCY ,
MATTOM TO THE COMMITTEE OF THE ASSOCIATION
P18 COPY OF THE MINUTES OF THE ST.FRANCIS READING ASSOCIATION HELD ON
3-12-2004
P19 COPY OF THE MINUTES OF THE MEETING OF THE ASSOCIATION HELD ON
15-3-2005
P20 COPY OF THE LETTER DATED 16-3-2005 SENT BY THE SECRETARY OF
ST.FRANCIS READING ASSOCIATION, MATTOM TO THE D.E.O, CHAVAKKAD
(5TH RESPONDENT)
WP(C).No. 36168 of 2009 (M) --3--
P21 COPY OF THE INTERIM ORDER DATED 18-3-2005 IN W.P.C NO. 9193/2005 BY THIS
HON'BLE COURT
P22 COPY OF THE JUDGMENT DATED 31-1-2006 IN W.P.C.NO. 9193/2005 BY THE
HON'BLE COURT
P23 COPY OF THE CERTIFICATE DATED 3-2-2006 ISSUED FROM THE OFFICE OF THE
DISTRICT REGISTRAR, THRISSUR, COPY OF WHICH OBTAINED FROM THE
SENIOR SUPERINTENDENT OFFICE OF THE ASST.EDUCATIONAL OFFICER,
WADAKKENCHERY.
P24 COPY OF THE ORDER DATED 11-9-2006 PASSED BY THE 5TH RESPONDENT
P25 COPY OF THE ORDER DATED 3-5-2007 PASSED BY THE ADDITIONAL DIRECTOR
OF PUBLIC INSTRUCTION (GENERAL)
P26 COPY OF THE APPLICATION DATED 19-5-2008 FILED BY THE 1ST PETITIONER
BEFORE THE PUBLIC INFORMATION OFFICER
P27 COPY OF THE REPLY DATED 16-6-2008 ISSUED BY THE PUBLIC INFORMATION
OFFICER P.A. TO THE D.E.O, CHAVAKKAD TO THE PETITIONER
P28 COPY OF THE ORDER DATED 8-5-2007 PASSED BY THE 5TH RESPONDENT
P29 COPY OF THE REVISION PETITION DATED18-1-2008 FILED BY THE 1ST AND 2ND
PETITIONERS BEFORE THE SECRETARY TO GOVERNMENT, GENERAL
EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT
THIRUVANANTHAPURAM
P30 COPY OF THE JUDGMENT DATED 4-6-2008 PASSED BY THE HON'BLE HIGH
COURT
P31 COPY OF THE ORDER DATED 19-10-2009 ISSUED BY THE UNDERSECRETARY FOR
ON BEHALF OF THE GOVERNMENT.
P32 COPY OF THE ORDER DATED 28-8-2006 IN I.A.NO. 2243/2005 IN R.F.A NO. 384/2005
BY THE HON'BLE COURT
WP(C).No. 36168 of 2009 (M) ---4----
P33 COPY OF THE DOCUMENT OF DHANU 20TH OF 1109 MALAYALAM ERA
EXECUTED BY VARU SO. KAKKISSERI MATHU TO THE TREASURES OF
ST.FRANCISCOS SHABRIAR SOCIETY.
P34 COPY OF THE DOCUMENT NO.486 OF 1113 DATED 25TH THULAM 1113 OF
MALAYALAM ERA EXECUTED BY THE VARU S/. KURIAPPAN AND THOMAS S/O.
KAKKISSERI MATHU TO THE TREASURES OF ST. FRANCISCOS SHABRIAR
SOCIETY
P35 COPY OF THE DOCUMENT NO.423 OF 1974 DATED 26-3-1974 OF THE SUB
REGISTRAR'S OFFICE, KUNNAMKULAM EXECUTED BY PARANJU @ FRANCIS
S/O. KAKKISERI APPU IN FAVOUR OF THE TREASURERS OF ST.FRANCIS
READING ASSOCIATION, PAULOSE S/O. CHIRAMMEL ANTONY AND OUSEPH S/O.
MULAKKAL THOMA
P36 COPY OF THE BASIC TAX RECEIPT DATED 8-12-1965 ISSUED BY THE VILLAGE
OFFICER, KANDANASSERY VILLAE TO THE SOCIETY
P37 COPY OF THE RENT DEED DATED 25-11-2002 EXECUTED BY JACOB
S/O.PULLIKKOTIL KUNJAPPA IN FAVOUR OF ST.FRANCIS READING
ASSOCIATION
P38 COPY OF THE RENT DEED DTED 3-1-2008 EXECUTED BY FRANCIS S/O.
KAKKISSERY IYPPUNNI IN FAVOUR OF THE ST.FRANCIS READING
ASSOCIATION
P39 COPY OF THE RENT DEED DATED 3-1-2008 EXECUTED BY THOMAS S/O.
CHAKKUNNI IN FAVOUR OF ST.FRANCIS READING ASSOCIATION
P40 COPY OF THE RENT DEED DATED 3-1-2008 EXECUTED BY JOY S/O. KAKKISSERY
IYPPUNNI IN FAVOUR OF ST.FRANCIS READING ASSOCIATION
P41 COPY OF THE i) RECEIPT NO. 471 DATED 10-8-2009 ISSUED TO KAKKISSERY
ANTHAPPAN JOSE FOR RS. 195/- ii) THE RECEIPT NO. 472 DATED 12-8-2009 ISSUED
TO KAKKISSERY IYPPUNNI FRANCIS FOR Rs.200/- AND iii) THE RECEIPT NO. 473
WP(C).No. 36168 of 2009 (M) ----5----
DATED 12-8-2009 ISSUED TO KAKKISSERY IYPPUNNI JOY FOR Rs.200/- ISSUED BY
THE TREASURER OF ST.FRANCIS READING ASSOCIATION FOR PAYMENT OF
RENT FOR THEIR ROOMS
P42 COPY OF THE i) RECEIPT NO. 474 DATED 8-9-2009 ISSUED TO KAKKISSERY
IYPPUNNI FRANCIS FOR RS.200/- ii) THE RECEIPT NO.475 DATED 8-9-2009 ISSUED
TO KAKKISSERY IYPPUNNI JOSE FOR Rs.200/- AND iii) THE RECEIPT NO. 476
DATED 9-9-2009 ISSUED TO KUTHOOR CHAKKUNNI THOMAS FOR Rs.1750/-
ISSUED BY THE TREASURER OF ST.FRANCIS READING ASSOCIATION FOR
PAYMENT OF RENT FOR THEIR ROOMS.
P43 COPY OF THE i) RECEIPT NO. 477 DATED 6-10-2009 ISSUED TO KAKKISSERY
IYPPUNNI FRANCIS AND ii) RECEIPT NO. 478 DATED 6-10-2009 ISSUED TO
KAKKISSERY IYPPUNNI JOY, ISSUED BY THE TREASURER ST. FRANCIS
READING ASSOCIATION FOR PAYMENT OF RENT FOR THEIR ROOMS.
P44 COPY OF TH i) RECEIPT NO. 402 DATED 17-4-2004 ISSUED TO MULAKKAL RAPAYI
VARGESE FOR RS. 1200/- ii) RECEIPT NO. 411 DATED 1-1-2005 ISSUED TO
CHITTILAPPILLY JOSE FOR RS. 1200/- iii) RECEIPT NO. 409 DATED 17-6-2004
ISSUED TO EDAKKALATHUR OUSEPH KOCHUDEVASSI FOR RS. 750/- BY THE
TREASURER OF ST. FRANCIS READING ASSOCIATION FOR PAYMENT OF HALL
RENT
P45 COPY OF THE i) RECEIPT NO. 48 IN BOOK NO.51476 DATED 30-3-1999 FOR rS.367/-
AND ii) RECEIPT NO. 60 IN BOOK NO. 51533 DATED 16-3-2001 FOR Rs.404/- ISSUED
BY THE KANDANASSERY GRAMA PANCHAYATH TO THE ST.FRANCIS READING
ASSOCIATION, MATTOM
P46 COPY OF THE i) RECEIPT NO. 19 IN BOOK NO. 48810 DATED 28-9-2001 FOR RS.367/-
ii) RECEIPT NO. 72 IN BOOK NO. 22824 DATED 11-10-2006 FOR RS.367/- BY THE
KAKKASSERY GRAMAPANCHAYATH ISSUED TO THE ST.FRANCIS READING
ASSOCIATION, MATTOM
WP(C).No. 36168 of 2009 (M) ---6---
P47 COPY OF THE i) RECEIPT NO. 76 IN BOOK NO, 85131 DATED 9-10-2007 FOR RS.
367/- ii) RECEIPT NO. 11 IN BOOK NO 2081 DATED 13-10-2008 FOR RS. 367/- ISSUED
BY THE KANASSERY GRAMAPANCHAYATH TO THE ST.FRANCIS READING
ASSOCIATION, MATTOM
P48 COPY OF THE RECEIPT NO. 49 IN BOOK NO. 54014 DATED 7-10-2009 FOR RS.367/-
ISSUED BY THE KANDANASSERY GRAMAPANCHAYATH TOT HE ST.FRANCIS
READING ASSOCIATION, MATTOM
P49 COPY OF THE APPLICATION DATED 9-9-2009 SUBMITTED BY THE PETITIONER
TO THE D.E.O, CHAVAKKAD
P50 COPY OF THE REPLY DATED 6-11-2009 WTH THE DOCUMENT DATED 24-10-2009
GIVEN BY THE PUBLIC INFORMATION OFFICER, P.A. TO D.E.O, CHAVAKKAD
P51 COPY OF THE APPLICATION DATED 9-9-2009 FILED BY THE 1ST PEITIONER
P51(A) COPY OF THE LETTER DATED 4-11-2009 ALONG WIHT THE DOCUMENT DATED
24-10-2009 SENT BY THE PUBLIC INFORMATION OFFICER P.A. TO D.E.O,
CHAVAKKAD TO THE IST PETITIONER
P52 COPY OF THE REMINDER DATED 3-3-2009 SENT BY THE 6TH RESPONDENT TO
THE 2ND RESPONDENT
P53 COPY OF THE LETTER NO. 14475/MI/09/G.EDN. DATED 26-6-2009 SENT BY THE
SECRETARY TO GOVERNMENT TOT HE DIRECTOR OF PUBLIC INSTRUCTION
P54 COPY OF THE REPLY NO. EC.548602/2009/DPI/K.DIS DATED 22-7-2009 SENT BY THE
DPI TO THE SECRETARY TO GENERAL EDUCATION DEPARTMENT
P55 COPY OF THE ORDER NO. 72868/FI/07/G.EDN.DEPT DATED 19-5-2008 PASSED BY
THE 2ND RESPONDENT
P56 COPY OF THE DOCUMENT EXECUTED BY THE DISTRICT MUNSIFF COURT,
WADAKKANCHERY IN FAVOUR OF THEN THE TREASURERS OF VAYANA
SAMAJAM OF MATTOM CHURCH
WP(C).No. 36168 of 2009 (M) ----7-----
P57 COPY OF THE JUDGMENT DATED 6-11-1974 IN O.S.NO. 38/1971 AND O.S.NO.90/1974
BY THE SUB COURT TRICHUR.
P58 COPY OF THE REPLY DATED 21-6-2010 WITH THE COPIES OF THE DOCUMENTS
ATTACHED, SENT BY THE STATE PUBLIC INFORMATION OFFICER,
(GOVT.UNDER SECRETARY ) GEN.EDN.(F) DEPARTMENT , STATE OF KERALA TO
THE PETITIONER
P59 COPY OF THE ORDER DATED 20-9-2010 IN I.A. NO. 8485/2010 IN O.S.NO.1300/2010
BY THE SUB COURT (IST ADDL.) THRISSUR
P60 COPY OF THE ORDER DATED 4-10-2010 IN I.A. NO.8485/2010 IN O.S.NO.1300/2010 BY
THE SUB COURT (1ST ADDL.), THRISSUR
P61 COPY OF THE ORDER DATED 8-5-2002 IN PETITIONER(S) FOR SPECIAL LEAVE
TO APPEAL (CIVIL) NO.9161 /2002 BY THE SUPREME COURT OF INDIA
P62 COPY OF THE MINUTES OF THE ST.FRANCIS READING ASSOCIATION, MATTOM
HELD ON 1-2-2004
P63 COPY OF THE MINUTES OF THE ST.FRANCIS READING ASSOCIATION, MATTOM
HELD ON 16-9-2009
P64 COPY OF THE MINUTES OF THE ST.FRANCIS READING ASSOCIATION, MATTOM
HELD ON 22-10-2009
P65 COPY OF THE LIST OF SCHOOLS DATED 3-3-2010 OF THE CORPORATE
EDUCATIONAL AGENCY ARCHDIOCESE OF TRICHUR ISSUED TO THE 1ST
PETITONER UNDER THE RIGHT TO INFORMATION ACT. 2005
P66 COPY OF THE MINUTES OF THE ST.FRANCIS READING ASSOCIATION MATTOM
HELD ON 10TH OCTOBER 2010 ELECTING THE OFFICE BEARERS OF THE
ASSOCIATION FOR 2010-11
P67 COPY OF THE MINUTES OF THE ST.FRANCIS READING ASSOCIATION MATOM
HELD ON 20-2-2011 INDUCTING THOMAS THE ELDEST SON OF DECEASED
T.T.MATHAPPAN AS THE MEMBER OF THE ASSOCIATION
WP(C).No. 36168 of 2009 (M) ----8----
P68 COPY OF THE MINUTES OF THE ST.FRANCIS READING ASSOCIATION MATTOM
HELD ON 14-8-2011 ELECTING THE OFFICE BEARERS OF THE ASSOCIATION FOR
THE YEAR 2011-2012
P69 COPY OF THE MINUTES OF THE ST.FRANCIS READING ASSOCIATION MATTOM
HELD ON 16-10-2011 ATTENDED AND APPROVED BY 10 MEMBERS
RESPONDENTS EXHIBITS
R7(a) COPY OF THE HALF YEARLY STATEMENTS FOR THE YEAR 1109(ME)
MALAYALAM ERA
R7(B) COPY OF HTE REPORT ON THE ADMINISTRATION OF THE EDUCATIONAL
DEPARTMENT ISSUED BY THE DIRECTOR OF EDUCATION, TRICHUR IN THE
YEAR 1095(ME) MALAYALAM ERA
R7(c) COPY OF THE APPOINTMENT ORDER ISSUED BY THE MANAGER OF ST.FRANCIS
HIGH SCHOOL, MATTOM DATED 1-7-1966 IN FAVOUR OF SHRI.E.A.JOSE.
R7(d) COPY OF SALE DEED NO. 1069/1961 OF SRO, KUNNAMKULAM DATED 17-7-1961
(SUB REGISTRAR OFFICE)
R7(e) COPY OF OWNER SHIP CERTIFICATE ISSUED BY THE KANDANASSERY GRAMA
PANCHAYATH IN FAVOUR OF THE PETITIONER DATED 20-7-2005
R7(f) COPY OF THE POSSESSION CERTIFICATE DATED 26-4-2002 ISSUED BY THE
VILLAGE OFFICER, ALOOR VILLAGE OFFICE.
R7(g) COPY OF THE PROPERTY OF THE BUILDING TAX ASSESSMENT REGISTER BY
THE KANDANASSERY GRAMA PANCHAYATH FOR THE YEAR 1993-94 TO 2000-01 ,
DATED 28-4-2001
R7(h) COPY OF SALE DEED NO. 486 OF 1113 (ME) OF SRO, KUNNAMKULAM DATED
26TH THULAM 1113. (MALAYALAM ERA OF SUB REGISTRAR OFFICE )
WP(C).No. 36168 of 2009 (M) ----9----
R7(i) COPY OF THE OWNERSHIP CERTIFICATE DATED 20-7-2005, ISSUED BY THE
SECRETARY, KUNNAMKULAM GRAMA PACHAYATH.
R7(j) COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICER,
ALOOR VILLAGE DATED 26-4-2002
R7(k) COPY OF THE RELEVANT PORTION OF THE ASSESSMENT REGISTER OF THE
PROPERTY AND BUILDING TAX MAINTAINED BY THE KUNNAMKULAM GRAMA
PANCHAYATH FOR THE YEARS 2000 ONWARDS
R7(l) COPY OF THE SALE DEED NO.385/1965 OF SRO, KUNNAMKULAM DATED 22-3-1965
R7(m) COPY OF SALE DEED NO. 1630/1967 OF SRO, KUNNAMKULAM DATED 16-12-1967
R7(n) COPY OF THE SALE DEED NO. 1390/1969 OF SRO, KUNAMKULAM DATED 24-10-
1969
R7(o) COPY OF SALE DEED NO. 1405/1977 OF SRO, KUNNAMKULAM DATED 4-10-1977
R7(p) COPY OF POSSESSION CERTIFICATED DATED 24-4-2002, ISSUED BY THE
VILLAGE OFFICER, ALOOR VILLAGE
R7(q) COPY OF OWNERSHIP CERTIFICATE ISSUED BY SECRETARY, KANDANASSERY
GRAMA PANCHAYATH DATED 14-12-2004
R7(r) COPY OF OWNERSHIP CERTIFICATE ISSUED BY THE KANDANASSERY GRAMA
PANCHAYATH IN FAVOUR OF THE PETITIONER DATED 20-7-2005
TRUE COPY
P.A. TO JUDGE
SMM
V.CHITAMBARESH,J.
= = = = = = = = = =
W.P.(C) NO.36168 OF 2009
&
W.P.(C) NO.37682 OF 2009
= = = = = = = == = = = = =
Dated this the 15th day of February, 2012
J U D G M E N T
Ext.P31 order in W.P.(C) No. 36168 of 2009 and Ext.P39 order in W.P.(C) No.37682 of 2009 are challenged by the same petitioners. The Government by Ext.P31 order in W.P.(C) No. 36168 of 2009 has approved the appointment of one Fr. Varghese Palathinkal as the Manager of the Educational Agency for the period from 22-9-2006 to 21-9-2009. The District Educational Officer has by Ext.P39 order in W.P.(C)No.37682 of 2009 has approved the appointment of the same person as the Manager of the Educational Agency for the period from 22-9-2009 to 21-9-2012. Fr. Varghese Palathinkal is said to be elected as the Manager of the Educational Agency for the second time in the meeting held on 16-8-2009 and its validity has been W.P.(C) NO.36168 OF 2009 & W.P.(C) NO.37682 OF 2009 2 challenged by the petitioners.
2. Ext.P2 is the proceedings of the Regional Deputy Director of Public Instruction, Ernakulam approving the constitution of the Corporate Educational Agency. Clauses 1 and 2 of the same reflect the name of the Corporate Educational Agency and also the schools under it and it is extracted below.
" 1. The name of the Educational Agency shall be St.Francis Reading Association Agency, Mattom.
2. The following are the names of the schools under the Educational Agency:
i) St. Francis High School (Boys), Mattom.
ii) St. Francis High School (Girls), Mattom.
iii) St. Francis L.P. School, Mattom."
3. St.Francis Reading Association Agency, Mattom has since been registered under the Travancore-Cochin Scientific, Literary and Charitable Societies Act as evident by Ext.P10 Certificate. The constitution of the Corporate Educational Agency - St.Francis Reading Association Agency, Mattom - was amended pursuant of the judgment of this court in O.P NO. 30858 of 1999. Ext.P4 is the order of the Director of the Public Instruction approving the W.P.(C) NO.36168 OF 2009 & W.P.(C) NO.37682 OF 2009 3 amendment to clauses 6,8 and 9 of the Constitution of the Corporate Educational Agency. The amended clauses are as follows:
"Clause 6 The persons elected from the members of the St.Francis Reading Association, Mattom shall be the Manager of all the schools under the Educational Agency Clause 8 The term of office of the Manager so elected shall be 3 years from the date of election.
Clause 9 The term of the office of the president shall terminate when he is transferred from the parish."
It is evident from Ext.P4 that the person elected from the members of the Corporate Educational Agency shall be the Manager of the three schools and that the term of office of the Manager so elected shall be three years from the date of election.
4. There was a dispute earlier with regard to the validity of a meeting electing the Manager which culminated in Ext.P2 judgment. The relevant portion of the said judgment reads as follows.
W.P.(C) NO.36168 OF 2009 & W.P.(C) NO.37682 OF 2009 4 " As far as the validity of the election said to have been conducted by the educational agency on various dates including 15-03-2005, it is open to the aggrieved persons who want to impeach the resolution passed in that behalf to approach the competent Civil Court, if not already done, and to agitate the matter there and get a verdict in accordance with law from the competent Court. The question relating to the validity of the meeting of the educational agency as per its bye-law is not a matter to be considered by the authorities under the Educational Act or the Rules. Civil Court alone being the competent forum that question shall be left to be decided by the Civil Court."
5. The petitioners contend that there was no proper quorum for the meeting held on 16-8-2009 wherein Fr. Varghese Palathinkal was elected as the Manager. It is admitted that the validity of the meeting is the subject matter of O.S. No.1300/2010 on the file of the Court of the Subordinate Judge of Thrissur. Ext.P68 in W.P(C) No.37682 of 2009 is the plaint in O.S. No. 1300 of 2010 wherein the validity of the meeting and the ownership of the property wherein the schools are situated arises for consideration. The term of the present Manager ends on 21-9-2012 and the validity of the meeting electing him is left open to be W.P.(C) NO.36168 OF 2009 & W.P.(C) NO.37682 OF 2009 5 considered by the Civil Court on the basis of the evidence adduced. Such a course would also be in perfect consonance with the directions in Ext.P22 judgment wherein a meeting earlier held was challenged.
6. Ext.P2 and Ext.P4 unequivocally reflect that the Educational Agency shall be St.Francis Reading Association of Educational Agency, Mattom. It also reflects that the educational Agency has 3 schools namely
i) St.Francis High Schools (boys), Mattom.
ii) St. Francis High Schools (Girls), Mattom.
iii) St.Francis LP School, Mattom It further reveals that the Manager can be elected from the members of the St.Francis Reading Association, Mattom and that the term of the office of the Manager so elected shall be three years from the date of election. The parties cannot take a stand contrary to Exts.P2 and P4 which have become final unless it is annuled or varied.
7. It is trite law that only an Educational Agency can W.P.(C) NO.36168 OF 2009 & W.P.(C) NO.37682 OF 2009 6 elect or appoint a Manager in terms of Rule 4 of Chapter III of the Kerala Educational Rules ('KER' for short). The management of such school can be vested by the Educational Agency in the Manager who shall be responsible to the department for the management of the institution under Rule 3 of Chapter III KER. There can be an individual Educational Agency and also a Corporate Educational Agency as classified by Rule 1 of Chapter III KER. There can be a change in the personnel of the Manager with title or without title as is discernible from Rule 5 and Rule 5A of Chapter III KER.
8. Take a situation where a manager is disqualified for mismanagement, mal-practice, corruption or maladministration . Even then the Educational Agency has to be required to appoint a suitable person as the Manager as is evident by the provisions contained in Rule 7 of Chapter III KER. There is no mandate in law that only the owner of the property can be appointed as the Manager as W.P.(C) NO.36168 OF 2009 & W.P.(C) NO.37682 OF 2009 7 is contended by some of the respondents. Sections 5,6 and 7 of Kerala Education Act only speak of the duties and the obligations of the Manager and the prohibition in the fragmentation of a running school by piece meal alienations.
9. None of the above provisions indicate that only the owner of the property where the schools are situated can be elected or appointed as the Manager. Such an interpretation given in Ext.P31 order in W.P.(C)No.36168 of 2009 is perverse. The observation to this fact contained in Ext.P31 in W.P(C) No. 36168 of 2009 are hereby expunged. It is also for the Civil Court to consider in the suit pending as to who is the owner of the property where the three schools are situated.
10. It is intriguing to note that there are two sets of applications for impleading one and the same person-St. Francis Reading Association, Mattom. I.A NO. 13336 of 2011 in W.P.C No. 37682 of 2009 and I.A NO. 13335 of 2011 in W.P.C No. 36168 of 2009 are hereby allowed. This W.P.(C) NO.36168 OF 2009 & W.P.(C) NO.37682 OF 2009 8 is because the application has been filed by the Secretary of the Association by name M.I Anto, who had put in the application leading to Ext.P39 order in W.P.(C) No. 37682 of 2009. I however dismissed I.A Nos. 17456 of 2011 in W.P(C) No. 36168 of 2009 and I.A NO. 17529/2011 in W.P.C 37682 of 2009 filed on behalf of the same Association . This is because the competency of the deponent in the applications to represent the Association is seriously disputed by the other side. Suffice it to say that the competency of any person to represent the association is also left open to be considered in the suit pending. I.A NO. 17244 of 2011 in W.P.C 37682 of 2009 filed by some other members of the Association is allowed.
11. The writ petitions are disposed of subject to above observations.
V.CHITAMBARESH.
JUDGE smm W.P.(C) NO.36168 OF 2009 & W.P.(C) NO.37682 OF 2009 9 W.P.(C) NO.36168 OF 2009 & W.P.(C) NO.37682 OF 2009 10