IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 26TH OCTOBER 2009 / 4TH KARTHIKA 1931 WP(C).No. 11880 of 2009(D) --------------------------------------- PETITIONER(S): ----------------------- THE MANAGER, DEVERKOVIL M.U.P.SCHOOL, DEVERKOVIL, KAYAKKODI, VADAKARA, KOZHIKODE DISTRICT. BY ADV. MR.GEORGE THOMAS (MEVADA) RESPONDENT(S): ------------------------- 1. T.V.C.KUNHAMMED HAJI S/O. MOIDEEN, AGED 57 YEARS, GENERAL BODY MEMBER, NUSRATHUL ISLAM SANGHAM DEVERKOVIL, P.O.TALIYIL, VATAKARA, KOZHIKODE DISTRICT. 2. V.A.C.IBRAHIM HAJI S/O. AMMAD HAJI, AGED 48 YEARS, NUSRATHUL ISLAM SANGHAM DEVERKOVIL, P.O.TALIYIL, VATAKARA, KOZHIKODE DISTRICT. 3. DEPUTY DIRECTOR EDUCATION, KOZHIKODE DISTRICT. 4. DIRECTOR OF PUBLIC INSTRUCTIONS, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT SECRETARIAT, TRIVANDRUM. R1 & R2 BY ADVS. MR.K.LAKSHMINARAYANAN, SMT.SATHYA SHREEPRIYA . R3 & R4 BY GOVERNMENT PLEADER SMT.T.B.REMANI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.11880/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE PROCEEDINGS DTD. 12.12.08. P2:- COPY OF THE ORDER DTD. 24..12.2008. P3:- COPY OF THE REPRESENTATION BEFORE THE 4TH RESPONDENT. P4:- COPY OF THE JUDGMENT DTD. 13.1.09. P5:-COPY OF THE ORDER DTD. 27.3.09. RESPONDENT'S EXHIBITS R4(a):- COPY OF THE COMPLAINT DTD. 16.12.08 SUBMITTED BY SRI.N.K.KUNJALU HAJI MARKED AS. R4(b):- COPY OF THE ANOTHER COMPLAINT SUBMITTED BY T.V.C. KUNJAMMED HAJI MARKED AS. R4(c):- COPY OF THE LETTER DTD. 15.12.08 SUBMITTED BY SRI.V.AC. IBRAHIM HAJI MARKED AS . TRUE COPY P.A. TO JUDGE tss T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.11880 OF 2009 --------------------------------------- Dated this the 26th day of October, 2009. J U D G M E N T The petitioner is the Manager of a school, the original name of which is “Deverkovil M.U.P. School”. It is the case of the petitioner that the General Body of the Society which owns the school held on 09.09.2007 decided to change the name of the school as “K.V.Kunhammed Memorial M.U.P. School”. 2. The Deputy Director of Education even though sanctioned the approval for change of name, it stands cancelled by the Director of Public Instruction as per Exhibit P5 order. The finding rendered therein is that the decision in favour of the change of name of the school was passed by the Deputy Director of Education, Kozhikode without unanimous resolution and hence it is ordered that the status quo prior to 12.12.2008 has to be maintained. W.P.(C) No.11880/2009 2 3. Learned counsel for the petitioner submitted that in fact the respondents 1 and 2 have filed a civil suit as O.S.No.19/2008 before the Sub Court, Vadakara and their application for interim injunction was dismissed, which was confirmed in appeal by the Additional District & Sessions Court, Vadakara. Even though a writ petition was filed challenging the same, it was also dismissed. It is further pointed out that the question of unanimous resolution of the Parent Teachers Association or the General Body cannot be insisted upon as a pre-requirement to sanction the change of name since such a requirement is not prescribed either in the bye-laws or in the relevant statutory Rules. 4. Learned counsel appearing for the respondents 1 and 2 vehemently contended that even a basic resolution was not there in support of the change of name moved by the petitioner. The very question whether the Society had passed a resolution itself is a subject matter of dispute before the civil court. It is therefore, submitted that only after a final decision is taken in the civil suit, the petitioner can seek for change of name of the school. W.P.(C) No.11880/2009 3 5. In the counter affidavit filed on behalf of the 4th respondent what is averred in paragraph 5 is that there is no evidence to the effect that there was general approval of the general body or the P.T.A produced by the petitioner. It is also averred in paragraph 4 that the Deputy Director of Education, Kozhikode reported that his order dated 12.12.2008 was issued without taking into consideration, the recommendation of the Parent Teacher Association of the school. 6. Two aspects have emerged from the above, which require consideration. When the decision of a general body alone is required, it cannot be insisted that the same should be unanimous. Apart from the same, as far as a decision of the P.T.A is concerned, there cannot be any such requirement as the Educational Agency alone is involved in the matter. Therefore, the requirement of a unanimous resolution cannot be supported. In that view of the matter, the very basis of the order passed by the Director of Public Instruction falls to the ground. The application of the petitioner, which was considered by the Deputy Director of Education, was submitted after the dismissal of the interlocutory application and the Civil Miscellaneous Appeal W.P.(C) No.11880/2009 4 by the District Court. In Exhibit P3, these details have been stated by the petitioner while representing the matter before the Director of Public Instruction. 7. Going by Rule 3(a)(vii) of Chapter 5 of Kerala Education Rules, what is provided is that the Director shall be competent to change the names of the private and Government schools. The insistence of a unanimous resolution therefore cannot be a ground to reject the application. 8. The only question is whether the pendency of the civil suit should be a ground to keep in abeyance the entire matter. It is evident that the respondents 1 and 2 have sought interim relief by way of an interim injunction in the civil suit itself and the orders are against them. The mere pendency of the civil suit as contended by the respondents 1 and 2 need not deter the statutory authority from exercising the power conferred under the rules. Of course, it is well settled that any order passed by the said authority will be subject to the final outcome of the civil suit. In the light of the above, Exhibit P5 cannot be supported and the same is quashed. The petitioner can proceed with W.P.(C) No.11880/2009 5 Exhibit P1, but the change of name of the school will be subject to the outcome of the civil suit namely, O.S.No.19/2008 pending before the Sub Court, Vadakara. This writ petition is allowed as above. T.R. RAMACHANDRAN NAIR JUDGE smp