IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 23RD JULY 2009 / 1ST SRAVANA 1931 WP(C).No. 19080 of 2009(D) -------------------------- PETITIONER: -------------- RIYAS E.R.,MANAGING COMMITTEE MEMBER, MUSLIM HIGH SCHOOL, KANIYAPURAM, THIRUVANANTHAPURAM. BY MR.K.RAJESH SUKUMARAN, ADVOCATE. RESPONDENTS: ------------------ 1. MANAGER, MULIM HIGH SCHOOL, KANIYAPURAM, THIRUVANANTHAPURAM. 2. DISTRICT EDUCATIONAL OFFICER, THIRUVANATNHAPURAM. BY MR. A.J. VARGHESE, SR. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.19080 OF 2009 --------------------------------------- Dated this the 23rd day of July, 2009. J U D G M E N T The petitioner claims to be one of the Managing Committee members of the Muslim Girls and Boys High School constituted as per the scheme approved by the Sub Court, Attingal in O.S.No.90/2006. The 1st respondent is the present Manager who is nominated by a Managing Committee consisting of 15 members. 2. The Agency is having two High Schools namely, Muslim Girls and Boys High School and one Higher Secondary School. The former Manager of the school died on 18.02.2006 after executing a Will granting the managership by rotation among the legal heirs of the four families. It appears that the validity of the Will was under challenge in O.S.No.90/2006 and a direction was sought to frame a scheme for the management of the school. It is pointed out that the said suit was decreed accordingly and all the rival claimants have submitted draft scheme also. In the final W.P.(C) No.19080/2009 2 decree, various provisions have been made and the particular provision regarding the selection of candidates to be appointed is that the Manager and members shall select candidates unanimously and in the absence of unanimous selection the candidate with maximum marks shall be appointed. Exhibit P1 is the copy of the said final decree proceedings. 3. Exhibit P2 is the notification published in the newspaper inviting applications for appointment of High School Assistants, Upper Primary School Assistants and Full Time Menials. The total number of vacancies is shown as 8 therein. The petitioner avers that after the interview, the Managing Committee could not find out candidates unanimously and therefore, going by the scheme the candidates having maximum marks shall be appointed. It is pointed out that overlooking these conditions, the 1st respondent- Manager has forwarded the documents to the 2nd respondent for approval of appointments. 4. The petitioner has filed Exhibit P3 before the District Educational Officer not to grant any approval for the appointments thus made. It is prayed that the District W.P.(C) No.19080/2009 3 Educational Officer may be directed to consider Exhibit P3 before granting any approval. Therefore, there will be a direction to the 2nd respondent to consider Exhibit P3 before any orders granting approval is passed on the appointments made by the 1st respondent-Manager, after hearing the petitioner, the Manager and any other interested parties. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp