IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 2ND JULY 2008 / 11TH ASHADHA 1930 WP(C).No. 4721 of 2007(K) ------------------------- PETITIONER: ------------ DR.SANJEEV M.LAZAR, AGED 42 YEARS, S/O.DR.A.M.LAZAR, RESIDING AT PASSOVER, KOVVAL PALLY, KANHANGAD VILLAGE, HOSUDRG TALUK, MANAGER/ CORRESPONDENT, UBMCALP SCHOOL, HOSDURG, KANHANGAD, KASARAGOD DISTRICT. BY ADV. SRI.T.MADHU RESPONDENTS: ------------- 1. THE ASST. EDUCATIONAL OFFICER, HOSDURG, KANHANGAD P.O., KASARAGOD DISTRICT. 2. THE CHAIRMAN, KARNATAKA SOUTHERN DIOCESE EDUCATION SOCIETY, HAVING ITS OFFICE AT CSI DIOCESE OFFICE, BALMATTA, MANGALORE DAKSHIN KARNATAKA DISTRICT, MANGALORE. 3. KARNATAKA SOUTHERN DIOCESE EDUCATION SOCIETY, HAVING ITS OFFICE AT CSI DIOCESE OFFICE, BALMATTA, MANGALORE, DAKSHIN KARNATAKA DISTRICT, MANGALORE, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.M.RAMESH CHANDER FOR R2,3 BY GOVERNMENT PLEADER SHRI K.R.SABU FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE BYELAW OF THE 2ND RESPONDENT SOCIETY EXT.P2 TRUE COPY OF THE JUDGMETN DATED 9.9.2006 IN WP(C0 NO.24653/2006 OF THIS COURT EXT.P3 TRUE COPY OF THE PROCEEDINGS DATED 15.11.2006 OF THE FIRST RESPONDENT EXT.P4 TRUE COPY OF THE PROCEEDINGS OF THE FIRST RESPONDENT DATED 17.1.2000 EXT.P5 TRUE COPY OF THE ENQUIRY REPORT OF THE FIRST RESPONDENT DATED 5.3.1986 EXT.P6 TRUE COPY OF THE PROCEEDINGS OF THE FIRST RESPONDENT DATED 23.8.2006 EXT.P7 TRUE COPY OF THE LETTER DATED 15.1.2007 OF THE SECOND RESPONDENT EXT.P8 TRUE COPY OF THE PROCEEDINGS DATED 15.1.2007 OF THE SECOND RESPONDENT EXT.P9 TRUE COPY OF THE PLAINT IN OS NO.27/2007 ON THE FILE OF THE MUNSIFF'S COURT, HOSDURG EXT.P10 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT DATED 11.1.2007 EXT.P11 TRUE COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT DATED 15.1.2007 EXT.P12 TRUE COPY OF THE JUDGMENT AND DECREE DATED 8.1.2008 IN OS NO.27/2007 ON THE FILE OF THE MUNSIFF'S COURT, HOSDURG. //TRUE COPY// K.T. SANKARAN,J. -------------------------------------- W.P.(C) No.4721 of 2007 K -------------------------------------- Dated this the 2nd day of July, 2008. J U D G M E N T The petitioner is a member of the Church of South India Karnataka Southern Diocese Education Society (CSI KASDES). The Church of South India Karnataka Southern Diocese Education Society (hereinafter referred to as 'Education Society') is a Society registered under the provisions of the Mysore Societies Registration Act. The petitioner was appointed as the Manager/Correspondent of UBMCA L.P. School, Hosdurg, by the Education Society. The appointment of the petitioner as the Manager/Correspondent of the UBMCA L.P. School, Hosdurg was approved by the Assistant Educational Officer, Hosdurg. 2. It is stated in the Writ Petition that the petitioner, in his capacity as the Manager of the UBMCA L.P. School, received a complaint from Smt.C.K.Sujatha, Assistant Teacher of the school, complaining about the mis- conduct on the part of the Headmaster, Shri P.V.Chandran, of the school. The petitioner placed the Headmaster under suspension. The Assistant Educational Officer approved the action of the petitioner, suspending the Headmaster. It is also stated in the Writ Petition that Shri P.V.Chandran had manhandled one Upper Division Clerk on an earlier occasion and the then Manager had initiated WP(C) No.4721/2007 2 disciplinary proceedings against him. It is also stated that Shri P.V.Chandran, the present Headmaster, against whom the petitioner initiated disciplinary proceedings, while working as a teacher of the school, had manhandled the then Headmaster and Shri Chandran was placed under suspension. It is stated that there were several disciplinary proceedings against Shri P.V.Chandran. 3. The contention raised by the petitioner in the Writ Petition is that the Education Society pressurized the petitioner to revoke the suspension of the Headmaster and to reinstate him in service, to which the petitioner did not accede. 4. The Education Society issued Ext.P8 order dated 15.1.2007, relieving the petitioner from the post of Manager/Correspondent. It is stated in Ext.P8 order that as per the resolution of the Governing Council of the Education Society, one Rt.Rev. Devaraj Bangera has been appointed as the Manager/Correspondent of the UBMCA L.P.School with effect from 15.1.2007. The petitioner filed O.S.No. 27/2007 on the file of Court of Munsiff, Hosdurg, for a declaration that the order dated 15.1.2007 passed by the Education Society, relieving the petitioner from the Office of the Manager/Correspondent is null and void. Consequential injunction was also prayed for in the Suit. The Suit was decreed as per Ext.P12 judgment dated 8.1.2008. The operative portion of Ext.P12 judgment reads as follows:- WP(C) No.4721/2007 3 “In the result, the suit is decreed with costs. The defendants are hereby restrained by means of a permanent prohibitory injunction from illegally interfering with the plaintiff's lawful exercise of right and power as the Manager/Correspondent of the U.B.M.C.A.L.P. School, Hosdurg till a new Manager is appointed in accordance with the byelaw of the 2nd defendant Society.” 5. It is stated by the learned counsel for the petitioner that the Education Society has filed an appeal against Ext.P12 judgment and that appeal is pending. The learned counsel also stated that the appellate court has not granted any order of stay. 6. The reliefs prayed for in the Writ Petition are the following:- “(i) Issue a writ of mandamus or any other appropriate writ direction or order directing the 1st respondent not to approve the Ext.P8 order passed by the 2nd respondent. (ii) Issue a writ of mandamus or any other appropriate writ direction or order directing the 1st respondent to consider and WP(C) No.4721/2007 4 take appropriate action on Ext.P10 representation submitted by the petitioner before the 1st respondent. and (iii) Such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case.” 7. I am of the view that relief No.(i) cannot be granted since it would amount to interdicting the Assistant Educational Officer from exercising his jurisdiction. As far as relief No.(ii) is concerned, the learned counsel for the petitioner submits that the petitioner had made Ext.P10 representation before the Assistant Educational Officer and he has not disposed of Ext.P10 representation. The learned counsel for the petitioner submits that before any decision is taken by the Assistant Educational Officer in the matter of change of managership, the Assistant Educational Officer may be directed to consider and dispose of Ext.P10 representation after affording an opportunity of being heard to the petitioner. 8. In the counter affidavit filed by the Assistant Educational Officer, it is not stated whether the appointment of the new Manager has been approved or not. At one place in the counter affidavit, reference is made to the order of temporary injunction granted by the Civil Court WP(C) No.4721/2007 5 in the Suit. At another place in the counter affidavit, it is stated that the appointment of the new Manager is in accordance with the bye-laws of the constitution of the Society. It is also stated in the counter affidavit that the matter is only with regard to the change of the personnel of the managership of the school and not the change of the management of the school. In the counter affidavit, it is further stated that the general body of the Education Society has power to change the Manager. 9. The counter affidavit filed in this case is not helpful to resolve the controversy involved in the matter. It is not clear that whether the Assistant Educational Officer has passed any order approving the change of the Manager of the school. The learned Government Pleader submits that if such an order was passed, certainly it would have been mentioned in the counter affidavit. 10. In the facts and circumstances of the case, I am of the view that the Writ Petition can be disposed of in the following manner:- (i). The Assistant Educational Officer shall consider Ext.P12 judgment dated 8.1.2008 in O.S.No.27/2007 on the file of Court of Munsiff, Hosdurg and the appellate decision, if any, or any binding precedent or order before taking a decision as to the change of managership of the school. WP(C) No.4721/2007 6 (ii). The Assistant Educational Officer shall also consider Ext.P10 representation submitted by the petitioner before taking any decision in the matter. (iii). The Assistant Educational Officer shall afford an opportunity of being heard to the petitioner before passing any order regarding the approval of change of Managership. (iv). The petitioner shall produce a certified copy of the judgment and also a certified copy of the judgment in O.S.No.27/2007 of Munsiff Court, Hosdurg before the Assistant Educational Officer, along with a copy of the Writ Petition. The Writ Petition is disposed of as above. K.T. SANKARAN, JUDGE. cks