IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 3RD APRIL 2009 / 13TH CHAITHRA 1931 WP(C).No. 11064 of 2009(C) --------------------------------------- PETITIONER: ------------------- C.K.VIBHAKARAN PILLAI, S/O.SAROJINI AMMA, RETIRED HEADMASTER, S.K.V.U.P.SCHOOL, CHEMMAKKAD, KUNDARA, KOLLAM DISTRICT. BY ADV. MR.B.MOHANLAL. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, THEVALLY, KOLLAM. 4. THE ASSISTANT EDUCATIONAL OFFICER, KUNDARA, KOLLAM. 5. THE MANAGER, S.K.V.U.P.SCHOOL, CHEMMAKKAD, KUNDARA, KOLLAM. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/04/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.N.RAVINDRAN, J. ------------------------------------- W.P.(C).No.11064 of 2009 -------------------------------------- Dated 3rd April, 2009 JUDGMENT Heard Sri.B.Mohan Lal, the learned counsel appearing for the petitioner. 2. The petitioner's mother, late Sarojini Amma was the educational agency and Manager of S.K.V Upper Primary School, Chemmakkad in Kollam District. While the petitioner was working as the Headmaster of the said school, late Sarojini Amma had in Ext.P1 letter dated 16.6.2004 requested the Deputy Director of Education, Kollam to approve the petitioner as the Correspondent of the school. The said request was rejected on the ground that the petitioner who is employed as a teacher in the very same school is disqualified to be appointed as the Correspondent of the school. Ext.P2 order passed by the Deputy Director of Education rejecting the request made by late R.Sarojini Amma has become final. 3. Smt.Sarojini Amma passed away on 5.11.2005. Upon her death, as held by a Division Bench of this Court in Somanatha Pillai v. State of Kerala (2007(1) KLT 127), the individual educational agency became a corporate educational agency. The petitioner was also continuing in service as Headmaster of the school till he retired from WP(C).No.11064/2009 2 service on 30.6.2003. According to the petitioner, though his request was rejected by the Deputy Director of Education, he was continuing as the Manager of the school. Nearly two years after his mother passed away, the petitioner moved the Assistant Educational Officer, Kundara to approve him as the Manager. That request was rejected by Ext.P3 letter dated 15.12.2007. The petitioner thereafter moved the Hon'ble Minister for Education in Ext.P4 dated 14.1.2008 to approve him as the Manager and Correspondent of the school till a new Manager is appointed and approved. That request was rejected by Ext.P6 letter dated 11.7.2008. Exts.P2, P3 and P6 are under challenge in this writ petition wherein the petitioner also seeks a direction to the official respondents to approve him as the Correspondent of the S.K.V.P. U.P.School, Chemmakkad. 4. It is not in dispute that the educational agency and the Manager of the school was late Sarojini Amma who passed away on 5.11.2005. Even during the life time of late Sarojini Amma, the petitioner was appointed as the Correspondent of the school. Since the petitioner was working as a teacher in the school, his appointment as the Correspondent was not approved. The said order has become final. The educational agency passed away on 5.11.2005 and thereupon all the legal heirs of late Sarojini Amma together constitute WP(C).No.11064/2009 3 a corporate educational agency. The corporate educational agency has not so far framed its bye-laws or submitted an application for approval of the bye-laws. The corporate educational agency also not appointed any person as the Manager of the school. The petitioner cannot in these circumstances, claim the exclusive right to function as the Manager of the S.K.V. U.P. School. It is for the corporate educational agency consisting of the petitioner and the other legal heirs of late Sarojini Amma, to elect a Manager from among themselves. The petitioner has also not joined any of the other legal heirs of late Sarojini Amma as parties to this writ petition. Therefore, both on the merits and also for the reason that necessary parties are not on the party array, this writ petition is liable to be dismissed. The writ petition fails and is accordingly dismissed in limine. P.N.RAVINDRAN Judge TKS