IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 15TH JUNE 2010 / 25TH JYAISTHA 1932 WP(C).No. 17997 of 2009(T) -------------------------- PETITIONER: --------------- SWAMI GANGADHARANANDA YOGI, PRESIDENT, SIDHASRAMAM, ALATHUR, AND MANAGER B.S.S. GURUKULAM HIGHER SECONDARY SCHOOL, ALATHUR. BY ADV. SRI.G.SHRIKUMAR SRI.RAJU SEBASTIAN VADAKKEKKARA SRI.JOHNSON P.JOHN SRI.RAJU SEBASTIAN VADAKKEKKARA RESPONDENTS: --------------- 1. VIJAYAN.V.ANANDH, AGED ABOUT 38, S/O.VIJAYANANDHOM PILLAI, ANATHA SADHANAM, DREAM NAGAR, ERIMAYUR, ALATHUR, PALAKKAD DISTRICT. 2. SUB INSPECTOR OF POLICE, ALATHUR POLICE STATION, PALAKKAD DISTRICT. 3. DEPUTY SUPERINTENDENT OF POLICE, ALATHUR. 4. SUPERINTENDENT OF POLICE, PALAKKAD. ADDL.5 : K. PADMADAS, SECRETARY B.S.S EDUCATIONAL SOCIETY, ALATHUR, PALAKKAD DIVISION. ADDL. R5 IS IMPLEADED AS PER ORDER DT.12.8.09 IN I.A. 9394/09 G.P. SHRI T.K. VIPINDAS FOR R2 TO R4 ADV. SRI.V.CHITAMBARESH, SENIOR ADVOCATE FOR R1 SRI.T.C.SURESH MENON FOR R1 SRI.JIBU P THOMAS FOR R1 SRI.P.S.APPU FOR R1 SRI.A.R.NIMOD FOR R1 SRI.C.A.ANOOP FOR R1 SRI.N.RAGHURAJ FOR ADDL R1 SMT.K.AMMINIKUTTY FOR ADDL R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/06/2010, ALONG WITH WP(C) NOS.15840 & 16191 OF 2010. THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 17997 of 2009 APPENDIX PETITIONER'S EXHIBITS EXT.P1 : TRUE COPY OF THE ORDER OF THE D.E.O. PALAKKAD DT. 24.7.2008 EXT.P2 : TRUE COPY RULES AND REGULATIONS OF THE B.S.S. EDUCATIONAL SOCIETY DT.24.8.1984 EXT.P3 : TRUE COPY OF THE SHOW CAUSE NOTICE DT.3.6.2009 ISSUED TO THE 1ST RESPONDENT. EXT.P4 : TRUE COPY OF THE SUSPENSION ORDER DT. 10.6.2009 ISSUED TO THE 1ST RESPONDENT. EXT.P5 : TRUE COPY OF THE REPLY DT. 17.6.2009 TO THE SHOW CAUSE NOTICE, BY THE 1ST RESPONDENT. EXT.P6 : TRUE COPY OF THE COMPLAINT DT.18.6.2009 BEFORE THE 2ND RESPONDENT BY THE PETITIONER. EXT.P7 : TRUE COPY OF THE FIR DT.1.10.2008 EXT.P7(a): TRUE COPY OF THE FIR DT. 4.6.2009. EXT.P8 : TRUE COPY OF THE COMMUNICATION DT.6.4.2009 ISSUED BY THE DISTRICT REGISTRAR. EXT.P13 : TRUE COPY OF the ORDER DT.31.3.2010 RESPONDENTS' EXHIBITS : EXT.R1(a) : TRUE COPY OF the CERTIFICATE OF REGISTRATION DATED 28.8.1984. EXT.R1(b): TRUE COPY OF the ORDER OF INJUNCTION DT.21.3.09 EXT.R1(c): TRUE COPY OF the AMENDED RULES AND REGULATIONS DATED 8.5.1988 EXT.R1(d) : TRUE COPY OF THE MINUTES OF THE GENERAL BODY MEETING DT.8.5.1988 EXT.R1(c): TRUE COPY OF THE LETTER ISSUED TO THE PRESIDENT OF THE SOCIEITY DT.17.3.1988 EXT.R1(f): TRUE COPY OF THE CERTIFICATE ISSUED BY THE COMMISSIONER OF INCOME TAX, KOCHI DT.11.7.1988 WP(C).No. 17997 of 2009 EXT.R1(g): TRUE COPY OF THE MINUTES OF THE MEETING OF THE EXECUTIVE COMMITTEE DT.19.6.2009 EXT.R1(h): TRUE COPY OF the RECEIPT OF CERTIFICATE OF POSTING OF THE NOTICES DT. 12.6.2009 EXT.R1(i) : TRUE COPY OF the LETTER ISSUED BY THE THEN PRESIDENT OF THE SOCIETY DT.5.5.2003 EXT.R1(j) : TRUE COPY OF the REPORT OF THE AUDITOR DT.13.10.08. EXT.R1(k) : TRUE COPY OF THE ORDER ISSUED BY THE DISTRICT EDUCATIONAL OFFICER, PALAKKAD DT.9.7.2009 EXT.R1(l): TRUE COPY OF the LETTER ADDRESSED BY THE MANAGER, B.S.S. GURUKULAM HIGHER SECONDARY SCHOOL, ALATHUR DT. 10.7.2009 EXT.R5(a) : TRUE PHOTOCOPY OF the DECISION OF THE GENERAL BODY OF THE SOCIETY DT.8.5.1988 EXT.R5(b): TRUE PHOTOCOPY OF THE AMENDED RULES AND REGULATIONS SIGNED BY THE PRESIDENT OF THE SABHA AND SOCIETY, SWAMI NIRMALANANDA YOGI. EXT.R5(c): TRUE PHOTOCOPY OF the PROCEEDINGS BEARING NO. K.DIS./ B3-3571/2009 DT.9.7.2009. // TRUE COPY // K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C).Nos. 17997 of 2009 & 15840 & 16191 of 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of June, 2010 JUDGMENT Joseph, J. W.P.(C) Nos. 17997 of 2009 and 16191 of 2010 are filed by the same petitioner. W.P.(C) 15840 of 2010 is filed by the Parent Teacher Association of B.S.S. Gurukulam Higher Secondary Schoo, Alathur, Palakkad, hereinafter referred to as the school. The prayers in all these writ petitions are for a writ of mandamus directing grant of police protection. W.P.(C).Nos. 17997 of 2009 & 16191 of 2010 2. The controversy in these Writ Petitions is the right to manage the school. According to the petitioner in W.P.(C) No. 17997 of 2009, he is entitled to act as the Manager. In this context he refers to the resolutions passed. According to him, the school is managed by the President of the B.S.S. Educational W.P.(C).No. 17997 of 2009 & connected cases 2 Society. The petitioner is entitled to act as the Manager. In this context he refers to Ext.P5 in W.P.(C) 16191 of 2010, which is an order of the Director of Public Instruction. Earlier the petitioner had sought for approval of his Managership before the Assistant Educational Officer and by Ext.P3 order the approval is granted for his Managership in respect of two other schools, which are also run by the very same management. 3. In the meantime, one Padmadas, who is the second respondent in W.P.(C)N0. 16191 of 2010, filed an application claiming the right to manage the institution. His claim was accepted by the District Educational Officer vide Ext.P4 order. It is the said order, which was the subject matter of challenge before the Director of Public Instruction. The D.P.I. has passed Ext.P5 order, in which, inter alia, it is stated as follows: “Swamy Ganaadharanada Yogi was also elected as the Manager of the schools being the President of BSS Educational Society and Ananda Maha Sabha. So long as Swamy Ganaadharanada W.P.(C).No. 17997 of 2009 & connected cases 3 Yogi is continuing as the President of BSS Educational Society and Ananda Maha Sabha, he can continue as the Manager of the Schools under this Educational Society as in the case of Swamy Nirmalananda Yogi or till a new constitution is approved by the Deputy Director of Education as per rule 2 of Chapter III of KER. Hence in order to avoid administrative vaccum, Swamy Ganaadharanada Yogi is allowed to continue, as Manager pursuant to the Order No.B3/6873/ 07/K.Dis. dated 26.7.2008 of the District Educational Officer, Palakkad. The order of the District Educational Officer, Palakkad approving Sri.K.Padmadas as Manager of BSS schools is set aside.” 4. It is submitted that Ext.P5 order was challenged before this Court in a Writ Petition. No doubt, no interim order is passed. Therefore the petitioner's case is that in view of the obstruction caused by the party respondents in the writ petitions, the police should interfere in the matter. It is his case that he has suspended the W.P.(C).No. 17997 of 2009 & connected cases 4 previous Principal for misappropriation and he has no right to interfere in the matter. He would also submit that he has appointed another person to act as Principal, who is a retired Professor. It is brought to our notice that civil suits are pending. In the Interlocutory applications also orders are passed. Those orders are against the petitioners. They have been challenged in civil appeals, which are also pending. 5. More importantly, we notice that though it is not in dispute that the school in question is an unaided, but recognised school, Chapter III of the K.E.R. would apply making it obligatory for a person appointed as Manager seeking approval of his managership. The petitioner has not even applied for approval of his managership in respect of the school. No doubt, it is his case that at that time the aforesaid requirement was not there in view of the legal position as declared by the Court. Learned counsel for the petitioner would highlight that in Ext.P5 order the fact that the petitioner is the Manager of the school also was present in the mind of the decision W.P.(C).No. 17997 of 2009 & connected cases 5 maker. We cannot also overlook the fact that in the said order the D.P.I. has specifically referred to Ext.P3 and held that the petitioner is entitled to continue in terms of Ext.P3. It is not in dispute that Ext.P3 does not take in the school in question. 6. Whatever that be, in view of the decision of this Court, it cannot be in dispute that even in respect of unaided, but recognised schools, Chapter III would apply and a person, who was appointed as Manager, must get approval under Chapter III and such approval is not produced for the reason that it is not there. 7. Having regard to the fact that the matters are still in the region of controversy and pending consideration in civil courts and Ext.P5 has to attain finality, we would decline the jurisdiction of this Court in these matters. Having regard to the circumstances of these cases, we relegate the petitioners to approach appropriate forum, leaving it open to seek further relief, including approval of the school in question before competent authority. W.P.(C).No. 17997 of 2009 & connected cases 6 8. As far as W.P.(C) N0. 15840 of 2010 is concerned, we are of the view that this Writ Petition also cannot have any other fate than that of the other two writ petitions. We would think that the very same controversy is present in this case also. 9. The Writ Petitions are disposed of relegating the parties to approach competent forum. However, we make it clear that if the petitioners bring to the notice of the official respondents commission of any cognizable offence committed by the party respondents, effective action shall be taken by the official respondents. (K. M. JOSEPH) Judge (M.L. JOSEPH FRANCIS) Judge tm