IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 7TH SEPTEMBER 2010 / 16TH BHADRA 1932 WP(C).No. 25675 of 2010(H) -------------------------- PETITIONER(S): --------------- 1. THE CENTRAL BOARD OF ANGLO INDIAN EDUCATION,KERALA STATE(REG.NO.8/1953),PERUMANOOR, KOCHI-682 015,REP.BY IT'S JOINT SECRETARY, ALEXANDER CORREYA,AGED 61 YEARS,S/O.LAWRENCE CORREYA,R/AT.CORREYA COTTAGE,CORREYA ROAD,PACHALAM ERNAKULAM DISTRICT, PIN 682 012. 2. THE UNION OF ANGLO INDIAN ASSOCIATION, KERALA STATE (REGN.NO.9/53),PERUMANOOR,KOCHI- 682015,REP.BY IT'S GENERAL SECRETARY KEVIN D' ROZARIO,AGED 50,S/O.LATE VINCENT D'ROZARIO R/AT HOUSE NO.XI/5000,HIGH COURT RD.,COCHIN-682 031. 3. LT.COL.(RTD)LOVELINE OLIVER, AGED 64 YEARS, S/O.LATE JOSEPH OLIVER,CHAIRMAN AND CORPORATE MANAGER, CENTRAL BOARD OR ANGLO INDIAN EDUCATION,PERUMANOOR,KOCHI-682 015,RESIDING AT COLTON HOUSE, BANK ROAD, KALOOR, COCHIN- 682 017. BY ADV. SRI.ABRAHAM MATHEW (VETTOOR) RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM., PIN-695001 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM, PIN-695 001. BY G.P.SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------ W.P.(C).No.25675 of 2010 ------------------------------ Dated this the 7 th day of September, 2010 JUDGMENT The averments in the Writ Petition would disclose the following: 2. The first petitioner is the Corporate Educational Agency recognized by the Educational Department. There are 11(eleven) aided schools under the direct management of the first petitioner. The third petitioner is the present Chairman and duly appointed Corporate Manager of the first petitioner. The second petitioner is a Society registered under the Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act, which has 37 member associations. It is stated that the first petitioner has established schools within the jurisdiction of 11 member associations of the second petitioner. As per the bye-laws of the first petitioner, the Chairman shall be the Manager of all institutions and organizations under its direct management. One Leslie Bivera was holding the post of Chairman and W.P.(C).No.25675 of 2010 2 Corporate Manager of the first petitioner. He was elected as the Chairman in the year 2000 and he was re-elected in 2001 and 2002. In view of certain orders issued by the Director of Public Instruction, there occurred constituted temporary disqualification for Leslie Bivera to act as the Chairman and Corporate Manager. Though he filed W.P.(C) No.25930/2007 and thereafter W.A.2249/2007, the disqualification was not removed. Leslie Bivera was replaced in the meeting convened on 9.3.2008 and later, he submitted his resignation. In the meeting held on 8.7.2010, the resignation of Leslie Bivera was accepted. The third petitioner was elected as the Chairman and Corporate Manager. 3. Ext.P3 application dated 8.7.2010 was submitted to the second respondent for change of management not involving change of ownership. It is stated that Ext.P3 application was signed by the third petitioner and also by Lesli Bivera , the out going Chairman. Ext.P4 representation dated 8.7.2004 was submitted by the Secretary of the W.P.(C).No.25675 of 2010 3 first petitioner to the second respondent. 4. In paragraph 15 of the Writ Petition, it is stated thus: “The approval of the Corporate Manager of the 1st petitioner is one to be made by the 2nd petitioner without any delay as otherwise the day to day affairs of management and administration of the 11 schools under the management of the 1st petitioner would be at stake. The petitioners made enquiry regarding the delay in the matter of granting approval of the Corporate Manager of the 1st petitioner pursuant to Exhibit-P3 and P4 and it has been informed that certain false representations have been received by the 2nd respondent in that regard. The information so received is that one Mr.James Pinheiro has made a representation assuming himself as the Secretary of the 1st respondent and has made a representation to appoint on Mr.Andrew Ponseka as the Corporate Manager of the 1st petitioner.” 5. The learned counsel appearing for the petitioners submitted that James Pinheiro expired on 1.9.2010. The learned counsel also submitted that Smt.Treasa Luiz, who was the Vice Chairman expired on 13.8.2010. 6. The reliefs prayed for in the Writ Petition are the following: “i) Issue a Writ of Mandamus or other appropriate Writ, Directions or Orders commanding the 2nd respondent to accord approval to the 3rd petitioner as the Corporate Manager of the W.P.(C).No.25675 of 2010 4 1st petitioner acting upon Exhibit-P3 application and Exhibit-P4 representation and supporting documents filed before him within a time limit that may be stipulated by this Honorable Court; ii) Issue a appropriate Writs orders or direction commanding the 2nd respondent to allow the 3rd petitioner to function as the Corporate Manager pending consideration of Ext.P3 and P4 under the exigencies of the situation. iii) Issue such other writs, orders or directions that this Honourable Court may deem fit and proper in the facts and circumstances of the case.” 7. Learned counsel appearing for the petitioners submitted that the petitioners are confining their reliefs for the time being to a consideration and disposal of Exts.P3 and P4 by the Director of Public Instruction. The request is just and reasonable. In the facts and circumstances of the case, the Writ Petition is disposed of directing the Director of Public Instruction to dispose of Exts.P3 and P4 as expeditiously as possible and at any rate within two months from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioners and any other W.P.(C).No.25675 of 2010 5 affected party. The petitioners shall produce a copy of the Writ Petition and a certified copy of the judgment before the Director of Public Instruction. K.T.SANKARAN, JUDGE cms