IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 29TH SEPTEMBER 2011 / 7TH ASWINA 1933 WA.No. 1401 of 2011 --------------------- AGAINST THE ORDER IN WPC.30545/2010 DATED 06/09/2011 .................... APPELLANT/3RD RESPONDENT IN I.A. No.13758/2011: ------------------------------------------------------- KUNHIKANNAN MADAI MANAGER, KELAPPEJI NENIRUAK VOCATIONAL HIGHER SECONDARY SCHOOL, KODAKKAD,KASARGOD DISTRICT. RESIDING AT KADANGODE, THURUTHI P.O., CHERUVATHUR, KASARGOD DISTRICT. BY ADV. SRI.M.SASINDRAN SRI.A.ARUNKUMAR RESPONDENTS/RESPONDENTS 1 & 2 AND PETITIONER IN I.A. No.13758/2011: ------------------------------------------------------------------------------ 1. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM - 695001. 2. THE DISTRICT EDUCATIONAL OFFICER, KANHANGAD - 671 315, KASARGOD DISTRICT. 3. VADAKKAN RAGHAVAN, S/O.KANNAN, MANATHADAM, THIMIRI P.O. - 670 581, HOSDURG TALUK, KASARGOD DISTRICT. R1 & R2 BY SENIOR GOVT. PLEADER, SRI.BENNY GERVACIS. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 29/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, C.J. & P.R.Ramachandra Menon, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A. No. 1401 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of September, 2011 JUDGMENT Ramachandra Menon, J. This appeal is against the interim order passed by this Court whereby the earlier order intercepting with Ext.P12 order passed by the first respondent/Director of Public Instructions has been violated. 2. The authority with regard to the management of the 'Kelappeji Memorial Vocational Higher Secondary School' run by the Kodekkad Educational and Charitable Centre, a society established under the Societies Registration Act and governed by Ext. P1 Memorandum of Association, is the basic issue involved. 3. Appellant is the Writ Petitioner and the 3rd respondent in I.A. 13758 of 2011. The term of the Committee of the Society expired on 31.03.2009. It is contended that, in the Board Meeting held on 15.03.2009, it was decided to appoint the appellant as the Manager of the School as borne by Ext. P4 minutes. Subsequent General Body met on 02.04.2009 elected a Board and the said Board also appointed the appellant as the W.A. No.1401 of 2011 -:2:- Manager in the meeting held on the same day as borne by Ext. P5 minutes. However, according to the 3rd respondent, he was elected as the President of the Committee in the meeting of the General Body held on 05.04.2009. In view of the rival claims, the District Registrar, expressed reluctance as per Ext. P7 to accept Ext. P6 list/particulars forwarded and directed the parties to resolve the dispute by Civil Suit. Despite this, appointment of the appellant as the Manager, was approved by the 2nd respondent/the District Education Officer as per Ext. P9, which however was challenged by the 3rd respondent by filing a statutory appeal under the relevant provisions of KER before the 1st respondent (as borne by Ext.P11). After hearing the appeal, Ext.P9 order passed by the DEO was set aside by the 1st respondent as per Ext.P12 order. The observations made by the 1st respondent in Ext.P12 in the penultimate paragraph are also very much relevant, which is extracted for the convenience of reference. “Thus the very Kodakkad Educational and cultural centre was split and divided into two. The Official faction is to be identified by a legal court. The registration of the W.A. No.1401 of 2011 -:3:- centre is also to be renewed by the District Registrar. Till then nobody can claim the Management of KM VHSS Kodakkad. The circular instruction of the Director of Public Instruction, 112/7214/00/DPI dated 10.10.2000 quoted by the District Educational Officer has no relevance in this context. So long as the District Registrar has not accepted and approved the Office bearers of the Association the Education Department cannot recognize and approve the Manager.” So as to protect the rights and interests of the students concerned and the public interest at large, it was observed in Ext.P12, that till a decision is taken by the Government regarding the taking over of the school, the DEO concerned would stand entrusted with the duty to discharge the routine functions of the Manager. It is also mentioned that the vacancies arose from 01.04.2010 and arising in future are to be filled up with 'protected or daily wage hands', unless there was no Rule 51A, 51B and 43 claimants under Chapter XIV A of the KER. 4. It is the learned Single Judge had passed an interim order of 'status quo' on 05.10.2010, which was later extended on 03.11.2010. The respondent filed I.A. No. 13758 of 2011 for vacating the interim order. After considering the W.A. No.1401 of 2011 -:4:- merits, particularly, the chronological dates and events and the legal position, a detailed order was passed by the learned Judge on the 6th of September, 2011, whereby the interim order passed earlier was vacated, observing that until further orders in the writ petition as directed in Ext.P12 order of the DPI or till the Civil Suit which is pending is decided, whichever is earlier, the DEO will discharge the functions as ordered in Ext.P12. 5. We do not see any reason to interfere with the said order. Interference is declined and the appeal is dismissed as devoid of any merit. It is open for the appellant to pursue the matter in the writ petition. It is made clear that we have not observed anything on the merits as to the rival claims or on the question of law. J.Chelameswar, Chief Justice. P.R.Ramachandra Menon, Judge. ttb