IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 18TH MARCH 2009 / 27TH PHALGUNA 1930 WP(C).No. 7866 of 2009(C) --------------------------------------- PETITIONER(S): ------------------------- K.A.HAFSA BEEVI, W/O.DR.GAFOOR ISMAIL, AGED 60 YEARS, MANAGER, M.R.M.K.M.M. HIGHER SECONDARY SCHOOL, P.O.EDAVA, TRIVANDRUM-695 311. BY ADVS. MR.V.A.MUHAMMED, MR.K.E.HAMZA, MR.T.V.VIJAYARAJAN. RESPONDENT(S): --------------------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM-14. 3. THE DEPUTY DIRECTOR OF EDUCATION, TRIVANDRUM. 4. THE DISTRICT EDUCATIONAL OFFICER, ATTINGAL, TRIVANDRUM DISTRICT. BY SR. GOVERNMENT PLEADER MR. A.J. VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/03/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.Ravindran, J. ================== W.P.(C) No.7866 of 2009 ===================== Dated this the 18th day of March, 2009. JUDGMENT Heard the learned counsel appearing for the petitioner and Sri.A.J.Varghese, the learned Government Pleader appearing for the respondents. 2. M.R.Mohammed Kunju Memorial Muslim Higher Secondary School Edava was established by late M.R.Mohammed Kunju who was the educational agency and Manager of the school till his death in the year 1951. On his death, his son Sri.M.K.Sainudeen became the Manager of the school and he continued as the Manager till his death on 17.3.1995. Late M.K.Sainudeen was survived by his wife Smt.K.A.Ayisha Beevi and 12 children including the petitioner herein. On the death of M.K.Sainudeen, his wife Smt.K.A.Ayisha Beevi became the Manager of the school. The change of management was approved by the District Educational Officer, Attingal. Due to ill-health, she entrusted the management of the school with her eldest son Sri.K.S.Ansari. The District Educational Officer, Attingal approved the change of management in favour of Sri. K.S.Ansari. WP(C) 7866/09 -: 2 :- Smt. Aysha Beevi passed away on 30.8.1998 leaving behind 12 persons including the petitioner herein as her legal heirs. After the expiry of the term for which Sri. K.S.Ansari was appointed as Manager of the school with the consent of other legal representatives he continued as the Manager. Later, disputes arose among the legal heirs. Ultimately that dispute was resolved by Ext.P1 order dated 30.3.2007 issued by the Director of Public Instruction. The District Educational Officer, Attingal was directed to issue consequential orders and Ext.P2 order dated 21.4.2007 was thereupon issued approving the petitioner herein as the Manager for the period from 30.3.2007 to 29.3.2009. The said period is to expire shortly. 3. The petitioner has therefore moved the Director of Public Instruction in Ext.P8 representation seeking continuance in office as Manager for a further term of two years commencing from 30.3.2009. Along with Ext.P8 representation she has produced Ext.P7 consent letter signed by eight among the legal heirs of founder Manager. Three of the petitioner's brothers have not signed the consent letter. The petitioner submits that in view of the fact that other legal heirs have not signed the consent letter, the Director of Public Instruction has not so far passed orders in the matter. The learned counsel for the petitioner submitted that there cannot be a vaccum in the office of the Manager and that unless expeditious orders are passed on Ext.P8, the administration of the school will be in jeopardy. The learned Government Pleader appearing WP(C) 7866/09 -: 3 :- for the respondents on instructions submitted that the originals of Ext.P8 representation and Ext.P7 consent letter have been received by the Director of Public Instruction and that the Director of Public Instruction will take a decision in the matter expeditiously. 4. Ext.P7 discloses that three among the legal representatives of late M.K.Sainudeen and Smt. Ayisha Beevi, former Managers of the school have not agreed to the continuance of the petitioner as the Manager. However, the majority of the members have consented to the petitioner continuing as Manager. In view of the fact that three among the legal representatives of late M.K.Sainudeen have not signed the consent letter, it is only desirable that all the legal representatives of late M.K.Sainudeen are put on notice and heard before final orders are passed in the matter. I accordingly dispose of this Writ Petition with a direction to the Director of Public Instruction to issue notice to all the legal heirs of late M.K.Sainudeen named in Ext.P7, afford them a reasonable opportunity of being heard and pass final orders on Ext.P8, taking note of the fact that on the death of the individual educational agency, his legal heirs constitute a corporate educational agency. Final orders in the matter shall be passed within one month from the date of receipt of a certified copy of the judgment. Till then, the petitioner shall continue to function as Manager subject however to the condition that she shall not make any appointment on and with effect from 30.3.2009. Thereafter, the rights of parties will be governed by the order passed by the Director of Public WP(C) 7866/09 -: 4 :- Instruction, subject of course to their right to challenge the same if they are aggrieved thereby. The Writ Petition is disposed of as above. P.N.Ravindran, Judge. ess