IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 4TH MARCH 2010 / 13TH PHALGUNA 1931 WP(C).No. 16525 of 2008(P) -------------------------- PETITIONER(S): --------------- THE MANAGER, THACHINGANADAM HIGH SCHOOL, (USMAN KURIKKAL O.V., S/O.CHERIYA KUNHUMUTTI KURIKKAL HAJI, 38 YEARS), P.O.THACHINGANADAM, MALAPPURAM DISTRICT PIN 679 325. BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENT(S): --------------- 1. THE SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. SRI.P.ACHUTHAN NAIR, PAAPPOOR HOUSE, P.O.THACHINGANADAM, MALAPPURAM DISTRICT PIN 679 325. ADV. SRI.V.A.MUHAMMED FOR R2 SRI.K.E.HAMZA FOR R2 MR.V.MANU, GOVERNMENT PLEADER FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/03/2010, ALONG WITH WPC NO. 28617 OF 2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.16525/2008 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF G.O.(Rt) NO.1843/06/G.EDN. ISSUED BY THE GOVERNMENT. P2 : COPY OF APPLICATION FILED BY R2 BEFORE R1. P3 : COPY OF G.O.(Rt.) NO.3746/07/G.EDN. DATED 10/08/2007 ISSUED BY THE GOVERNMENT. P4 : COPY OF THE APPLICATION FILED BY R2 BEFORE THE HONOURABLE MINISTER FOR EDUCATION. P5 : COPY OF NOTICE ISSUED BY R1 FOR RE-HEARING OF EXT.P4. P6 : COPY OF THE SAID OBJECTION FILED BY THE PETITIONER BEFORE R1. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- W.P.(C.) Nos.16525 & 28617 of 2008 --------------------------------- Dated, this the 4th day of March, 2010 J U D G M E N T The issue raised in these writ petitions are connected, and therefore, these cases were heard together and are disposed of by this common judgment. 2. Briefly stated, the facts of the cases are that Thachinganadam High School was managed by a Corporate Educational Agency consisting of 8 directors. The Manager of the School was Mr.Malayil Aboobacker Haji. Disputes arose among the Directors, which led to passing of Ext.P3 notification dated 10/08/2007 by which the Management of the School was taken over by the Government. This notification was challenged by two Directors by filing WP(C) No.16961/2005. That writ petition was disposed of directing the Government to reconsider the matter with notice to the parties. Accordingly, the matter was reconsidered and GO(Rt.) No.1843/6/Gen.Edu. dated 06/05/2006 was issued cancelling Ext.P3 notification taking over the Management of the WP(C) Nos.16525 & 28617/2008 -2- School and the School was also returned to the Corporate Educational Agency. 3. It is stated that in the meanwhile on 03/05/2006, 7 out of 8 Directors transferred their interest in the School to Shri.O.V.Usman Kurikkal. Accordingly, he applied for appointment as Manager, which was allowed by order dated 12/05/2006 passed by the District Educational Officer, Wandoor. Against that order, the petitioner in WP(C) No.28617/2008 filed an appeal, which was rejected by the Government by order dated 10/08/2007. Aggrieved by the said order, the petitioner in WP(C) No.28617/2007 filed a representation described as “mercy revision petition” before the Government. In that representation, the Minister for Education ordered to re-open the proceedings. Accordingly, the matter was re-opened, parties were heard, and it was at that stage, WP(C) No.16525/2008 was filed by the present Manager of the School challenging the maintainability of the proceedings before the Government. After WP(C) No.16525/2008 was admitted, WP(C) No.28617/2008 was filed by the petitioner therein claiming exclusive right of the School property, and challenging the orders WP(C) Nos.16525 & 28617/2008 -3- transferring managership. 4. As already seen, the petitioner in WP(C) No.28617/2008 has moved the Government seeking cancellation of the transfer of Managership and the Government is considering the matter. The grievance of the petitioner in WP(C) No.16525/2008 is that the proceedings before the Government is not maintainable and he wants the maintainability of the proceedings to be considered as the preliminary issue. In the light of the facts as stated above, I do not think it necessary for this Court to enter into the merits of the controversy and at this stage, the Government can be directed to pass final orders on the “mercy revision petition” filed by the petitioner in WP(C) No.28617/2008. 5. Accordingly, these writ petitions are disposed of with the following directions. The 1st respondent, the Secretary to the Government of Kerala, General Education Department, is directed to consider the “mercy revision petition” produced as Ext.P4 in WP(C) No.16525/2008 with notice to the petitioners herein and other Directors of the Corporate Educational Agency. While considering the matter and passing orders as above, it will be open to the WP(C) Nos.16525 & 28617/2008 -4- petitioner in WP(C) No.16525/2008 to canvass on the maintainability of the petition, in which event, the Secretary to Government shall consider the maintainability, as the preliminary issue. Orders in the matter shall be passed as above as expeditiously as possible, at any rate, within four months of production of a copy of this judgment. 6. The contentions raised on the merits by both parties are left open. The petitioners shall produce a copy of this judgment before the 1st respondent, the Secretary to Government, General Education Department, Government of Kerala, for compliance. These writ petitions are disposed of as above. (ANTONY DOMINIC, JUDGE) jg