IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 1ST APRIL 2008 / 12TH CHAITHRA 1930 W.P.(C).No. 17287 of 2007 (G) PETITIONER: M.K.HARIDASAN, SECRETARY, ARAVUKATTU KOMARTHUSSERY KUDUMBAYOGAM, MAVUMKAL HOUSE, PUNNAPRA P.O., ALAPPUZHA. BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.PETER JOSE CHRISTO RESPONDENTS: 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR (EDUCATION), ALAPPUZHA. 4. THE DISTRICT EDUCATIONAL OFFICER, ALAPPUZHA. 5. DIRECTOR OF HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM. 6. P.T.SUMITHRAN, MANAGER, ARAVUKAD HIGHER SECONDARY SCHOOL, PUNNAPRA P.O., ALAPPUZHA-1. 7. ARAVUKAD KSHETHRAYOGAM, PUNNAPRA P.O., ALAPPUZHA-4, REPRESENTED BY ITS SECRETARY, SRI.K.MOHANAN. 8. SURYA P.S., LOWER PRIMARY SCHOOL ASSISTANT, ARAVUKAD L.P.SCHOOL, PUNNAPRA P.O., ALAPPUZHA-4. 9. C.SEENU DAS, LOWER PRIMARY SCHOOL ASSISTANT, ARAVUKAD L.P.SCHOOL, PUNNAPRA P.O., ALAPPUZHA-4. 10. S.ANILA MANMADHAN, LOWER PRIMARY SCHOOL ASSISTANT, ARAVUKAD L.P.SCHOOL, PUNNAPRA P.O., ALAPPUZHA-4. BY ADV. SRI.V.A.MUHAMMED FOR R8,9 & 10 SRI.K.E.HAMZA FOR R8, 9 & 10 SRI.K.S.HARIHARAPUTHRAN FOR R6 SRI.GEORGE MATHEW FOR R6 GOVERNMENT PLEADER SRI.C.M.NAZAR FOR R1 TO 5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/04/2008, ALONG WITH WPC NO. 37051 OF 2004, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 17287 of 2007 (G) APPENDIX PETITIONER'S EXHIBITS: Ext.P1: True copy of the relevant extract of the Bye-laws of Aravukad Kshethra Yogam. Ext.P2: True copy of the approved constitution for the management of the school. Ext.P3: True copy of the order No.B2 2824/02 dated 4.3.2003 of the District Educational Officer, Alappuzha. Ext.P4: True copy of the judgment in A.S.90/2000 of the Additional District Court, Alappuzha. Ext.P5: True copy of the order No.B2-3004/04 dated 28.5.2004 of the 3rd respondent. Ext.P6: True copy of the order No.ET2/36038/03/DPI/D.Dis. dated 3.6.2004. Ext.P7: True copy of the judgment in W.P.(C)No.19269/04 of this Hon'ble Court. Ext.P8: True copy of the G.O(Rt)No.5222/04/G.Edn. dated 6.12.2004. Ext.P9: True copy of the judgment in A.S.33/00 of the Principal Sub Judge, Alappuzha. Ext.P10: True copy of the judgment in O.S.257/93 of the Principal Munsiff, Alappuzha. Ext.P11: True copy of the undertaking given by the petitioner. Ext.P12: True copy of the joint petition filed by the 6th respondent on 16.1.2006 before the Government. Ext.P13: True copy of the letter dated 17.2.2007. Ext.P14: True copy of the order No.B2/4091/07 dated 19.3.1997. Ext.P15: True copy of the order No.ET2/6877/06/DPI/K.Dis dated 22.2.2007. Ext.P16: True copy of the judgment dated 22.1.2007 in O.S.No.48/2006 of the Additional Munisiff, Alappuzha. Ext.P17: True copy of the judgment in W.P.(C)25208/06-A of this Hon'ble Court. Ext.P18: True copy of the G.O.(MS)No.1872/07/G.Edn. dated 28.4.2007. RESPONDENT'S EXHIBITS: Ext.R6(a): True copy of amended bye-law. Ext.R6(b): True copy of the letter dated 27.9.2005. Ext.R6(c): True copy of letter dated 14.10.2005. Ext.R6(d): True copy of letter dated 15.12.2005. W.P.(C).No. 17287 of 2007 (G) :: 2 :: Ext.R6(e): True copy of the minute dated 16.10.2005. Ext.R6(f): True copy of the minute dated 23.12.2005. Ext.R6(g): True copy of the decree dated 30.03.1989. Ext.R6(h): True copy of the appeal memorandum. Ext.R6(i): True copy of the minutes dated 04.01.2006. Ext.R6(j): True copy of letter dated 07.05.2007. Ext.R6(k): True copy of the appeal. Ext.R6(l): True copy of FIR dated 27.02.2007 of Punnapra.P.S. Ext.R6(m): True copy of the minute dated 27.02.2007. Ext.R8(a): True copy of the order of appointment. Ext.R8(b): True copy of the order of appointment. Ext.R8(c): True copy of the order of appointment. Ext.R8(d): True copy of the decision reported in 1997(2) KLT 725. Ext.R8(e): True copy of the decision reported in 2002(1)KLT 406. Ext.R8(f): True copy of the judgment in W.A.No.2468/2000-B of this Hon'ble court. Ext.R8(g): True copy of the judgment in O.P.No.16599/1995-A of this Hon'ble court. Ext.R8(h): True copy of the G.O.(Rt)No.956/06/G.Edn. of the Government. Ext.R8(i): True copy of the judgment of this Hon'ble court in W.A.No.2470/05-B. Ext.R8(j): True copy of the G.O.(Rt)No.1191/07/GE of the Government. // True copy // P.A. to Judge jes A.K.BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)Nos. 37051 OF 2004 & 17287 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of April 2008 JUDGMENT These two writ petitions are being disposed of by this common judgment, since the issues and parties involved in them are common. 2. Heard Sri. S.P.Aravindakshan Pillay and Sri. George Mathew, learned counsel for the petitioners in the two writ petitions, and also learned counsel for the party respondents and learned Government Pleader. 3. Aravukad Komarthussery family held large extent of property in its possession. The famous Aravukad Devi Temple was being managed by the said family. Aravukad Higher Secondary School was also under its control and management. It appears that the family members, more than hundred in number, had executed a registered gift deed in the year 1967 by which the temple and the school along with 30 acres of land were entrusted to Aravukad Kshethra Yogam, a body constituted for the said purpose. The management of the school was specifically entrusted W.P.(C)Nos.37051/04 & 17287/07 :: 2 :: to a managing committee. It was specifically provided that two out of the 13 members of the managing committee of the school shall be from Komarthussery family and that preference shall be given to qualified family members in the matter of appointment of teaching staff in the school. 4. It appears that some disputes arose in matters relating to the administration of the affairs of the school and some of the members of the family had taken exception to the mode of functioning of the manager. The civil court and the departmental authorities had intervened. It is in the above background that these two writ petitions have been preferred. 5. Aravukadu Kshethrayogam represented by its Secretary has preferred W.P.(C)37051/04 challenging Ext.P9 order of the Government dated December 6, 2004 holding that the election of P.T.Sumithran as manager of the Aravukadu Higher Secondary School by the improperly constituted committee was not liable to be approved. In other words, the Government upheld Ext.P6 order passed by the Deputy Director of Education, Alappuzha on May 28, W.P.(C)Nos.37051/04 & 17287/07 :: 3 :: 2004, directing that two members from Komarthussery family be included in the managing committee of the school and a meeting of the committee be held within one month. It was further ordered that the manager shall give preference to eligible and qualified members of Komarthussery family for appointment as teachers in the school, if it was established that they belonged to the family. As mentioned earlier, the said order was ultimately confirmed by the Government in Ext.P9, which is under challenge in this writ petition. 6. Writ Petition No.17287/07 is at the instance of the Secretary of Aravukad Komarthussery Kudumbayogam. He prays for issuance of a writ of certiorari to quash Ext.P18 order dated April 28, 2007 issued by the Government approving the appointment of respondents 8 to 10 as Lower Primary School Assistants in Aravukadu Lower Primary School, appointed by Sri.P.T.Sumithran. There is a further prayer for a direction to ensure that two members of the Kudumbayogam are included in the managing committee of the school as directed by the W.P.(C)Nos.37051/04 & 17287/07 :: 4 :: Government in tune with the provisions contained in the bye laws. Petitioner has further prayed for a declaration that P.T.Sumithran is not entitled to function as Manager of the Higher Secondary School. He also prays for issue of a writ of mandamus to respondents 1 to 4 to review all the appointments made by Sri.P.T.Sumithran in the Higher Secondary School and cancel those appointments made by him overlooking claims of the members of the Aravukadu Komarthusery Kudumbayogam and to appoint qualified applicants from among the members of the family in the available teaching posts. 7. Though learned counsel on both sides had stuck to their respective stands for a considerable time in the course of arguments, it appears that ultimately both sides have realised that it would be in the interest of both Kshethrayogam and Kudumbayogam to bury the hatchet and create a congenial atmosphere for the smooth administration of the school. 8. Learned counsel on both sides agree that it would be prudent and wise to work unitedly for the smooth administration W.P.(C)Nos.37051/04 & 17287/07 :: 5 :: of the school. Both sides are obviously aware that next election to the managing committee of the school is likely to be held in September-October 2008. Evidently Sri.P.T.Sumithran can continue as manager only till April 24, 2008. 9. Sri.Aravindakshan Pillai, learned counsel for the Secretary of the Kudumbayogam submits that his client is prepared to give a quietus to the entire imbroglio, if Exts.P11 and P12 in W.P.(C)No.17287/07 are accepted by the Kshethrayogam and Sri.P.T.Sumithran (Manager) who are respectively respondents 7 and 6 in this writ petition. Sri.George Mathew submits that the Kshethrayogam and the Manager are prepared to abide by the clauses contained in Exts.P11 and P12 in letter and spirit. He further submits that the Kshethrayogam is prepared to withdraw W.P.(C)37051/04, if the Kudumbayogam agrees to withdraw Ext.P13 in W.P.(C)No.17287/07 pursuant to which Ext.P15 order therein is passed. 10. In view of the above submissions made by learned counsel for the parties at the Bar, I am satisfied that an agreed W.P.(C)Nos.37051/04 & 17287/07 :: 6 :: order in the following terms can be passed. a) W.P.(C)No.37051/04 shall stand dismissed as withdrawn. b) Kshethrayogam and the managing committee of the School shall accept Exts.P11 and P12 in W.P. (C)17287/07 and abide by and implement the terms and conditions contained therein. c) Ext.P15 in W.P.(C)17287/07 shall stand quashed as agreed by the parties on both sides. d) The Kudumbayogam will be at liberty to nominate another person to the Managing Committee of the school in place of Sri.Biju who had been expelled. e) The appointment of Sri.P.T.Sumithran as Manager of Aravukad Higher Secondary School for the term 2002-05 and 2005-08 (till 24/4/2008) shall stand approved. Competent authority shall issue appropriate orders in this regard. W.P.(C)Nos.37051/04 & 17287/07 :: 7 :: 11. It is made clear that I have not considered the validity of any of the appointments made by Sri.P.T.Sumithran. However, all the appointments which have been already approved by the competent authority shall not be disturbed. Writ petitions are disposed of as above. (A.K.BASHEER, JUDGE) jes