Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN TUESDAY, THE 23RD DAY OF FEBRUARY 2021 / 4TH PHALGUNA, 1942 WP(C).No.20051 OF 2017(F) PETITIONER: DR.M.G.GOPALAN M.B.B.S MEMBER, TRITHALA EDUCATION SOCIETY, TRITHALA,(REGISTRATION NO.2 OF 1953)EDUCATIONAL AGENCY FOR DR.K.B.MENON MEMORIAL HIGHER SECONDARY SCHOOL,THRITHALA P.O., PALAKKAD-679534 BY ADVS. SRI.N.N.SUGUNAPALAN (SR.) SRI.S.M.PREM SRI.P.RAMACHANDRAN (PALAKKAD) RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM-695001 2 REGIONAL DEPUTY DIRECTOR DIRECTORATE OF HIGHER SECONDARY EDUCATION, MALAPPURAM-676505 3 THE DISTRICT EDUCATIONAL OFFICER OTTAPPALAM, PALAKKAD-679101 4 TRITHALA EDUCATION SOCIETY, THRITHALA REPRESENTED BY ITS PRESIDENT, ADV. K.R.KRISHNADAS, MELE PATTAMBI,PALAKKAD-679308 5 COL. M.SUKUMARAN(RETIRED) MANAGER, DR.K.B.MENON MEMORIAL HSS, THRITHALA, THRITHALA P.O., PALAKKAD-679534 6 P.ABDUL REHMAN PONNERI HOUSE, KUDALLUR P.O.,(VIA) THRITHALA, PALAKKAD-679534
7 K.V.SYED MOHAMMED KALLIVALAPPIL, THRITHALA, PALAKKAD-679534 R1, R6 BY ADV. SRI.N.KRISHNA PRASAD R1, R7 BY ADV. SMT.LIZA MEGHAN CYRIAC R1 BY ADV. SRI.S.RAMESH BABU SR. R4 BY ADV. SRI.SANTHEEP ANKARATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23.02.2021, ALONG WITH WP(C).20123/2017(M), WP(C).20545/2017(P), WP(C).20554/2017(T), WP(C).20572/2017(V), WP(C).16246/2019(E), WP(C).20071/2019(H), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN TUESDAY, THE 23RD DAY OF FEBRUARY 2021 / 4TH PHALGUNA, 1942 WP(C).No.20123 OF 2017 PETITIONERS:
1 DR.V.SETHUMADHAVAN 'SREE', KOOTTANAD P.O., PALAKKAD - 679 533. 2 K.V.MUSTHAFA KALLINGAL VALAPPIL, TRITHALA P.O., PALAKKAD - 679 534. 3 M.KRISHNADAS, MELEPPURATH HOUSE,MEZHATHUR P.O., PALAKKAD - 679 534. 4 V.M.BALAKRISHNAN MOORKATHUVALAPPIL (NILA), PATTITHARA P.O., PALAKKAD - 679 534. 5 K.M.VIJAYAKUMAR SAROJA NIVAS,THRITHALA P.O., PALAKKAD - 679 534. BY ADVS. SRI.K.JAJU BABU (SR.) SMT.M.U.VIJAYALAKSHMI
RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM - 695 001. 2 REGIONAL DEPUTY DIRECTOR DIRECTORATE OF HIGHER SECONDARY EDUCATION,MALAPPURAM - 676 505.
3 THE DISTRICT EDUCATIONAL OFFICER OTTAPPALAM, PALAKKAD - 679 101. 4 TRITHALA EDUCATION SOCIETY THRITHALA, REPRESENTED BY ITS PRESIDENT,ADV.K.T.KRISHNADAS, MELE PATTAMBI,PALAKKAD - 679 308. 5 COL.M.SUKUMARAN (RETIRED) MANAGER, DR.K.B.MENON MEMORIAL HSS, THRITHALA, THRITHALA P.O., PALAKKAD - 679 534. 6 P.ABDUL REHMAN PONNERI HOUSE, KUDALLUR P.O.,(VIA) THRITHALA, PALAKKAD - 679 534. 7 K.V.SYED MOHAMMED KALLIVALAPPIL,THRITHALA,PALAKKAD - 679 534. 8 DR.M.G.GOPALAN M.B.B.S. 'SARANYA', CHEMPKA VILAS COMPOUND,MANISSERY P.O., PALAKKAD - 679 521. R1, R6 BY ADV. SRI.N.KRISHNA PRASAD R1 BY ADV. SRI.S.RAMESH BABU SR. R1, R7 BY ADV. SRI.SREEDHAR RAVINDRAN R4 BY ADV. SRI.SANTHEEP ANKARATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
23.02.2021, ALONG WITH WP(C).20051/2017(F), WP(C).20545/2017(P), WP(C).20554/2017(T), WP(C).20572/2017(V), WP(C).16246/2019(E), WP(C).20071/2019(H), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN TUESDAY, THE 23RD DAY OF FEBRUARY 2021 / 4TH PHALGUNA, 1942 WP(C).No.20545 OF 2017 PETITIONER: ABDU RAHIMAN P. AGED 86 YEARS MANAGER, DR.KB MENON MEMORIAL HIGHER SECONDARY SCHOOL, TRITHALA, PALAKKAD-679 534. BY ADVS. SRI.S.RAMESH BABU (SR.) SRI.IMAM GRIGORIOS KARAT SRI.N.KRISHNA PRASAD RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2 THE DIRECTOR OF PUBLIC INSTRUCTION THIRUVANANTHAPURAM-695 001. 3 THE DISTRICT EDUCATIONAL OFFICER OTTAPALAM-679 101. 4 M.SUKUMARAN CHANDRIKA SADAN, MEZHATHUR, THRITHALA, PALAKKAD-679 534. R1, R4 BY ADV. SRI.BINOY VASUDEVAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
23.02.2021, ALONG WITH WP(C).20051/2017(F), WP(C).20123/2017(M), WP(C).20554/2017(T), WP(C).20572/2017(V), WP(C).16246/2019(E), WP(C).20071/2019(H), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN TUESDAY, THE 23RD DAY OF FEBRUARY 2021 / 4TH PHALGUNA, 1942 WP(C).No.20554 OF 2017 PETITIONER: M. SUKUMARAN S/O.P.KESAVAN NAIR, AGED 70 YEARS, RESIDING AT CHANDRIKA SADAN, MEZHATHUR, THRITHALA, PALAKKAD DISTRICT 679 534. BY ADVS. SRI.BINOY VASUDEVAN SMT.K.J.ANITHA RESPONDENTS:
1 STATE OF KERALA REP. BY ITS PRINCIPAL SECRETARY TO THE GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPRUAM 695 001. 2 THE DIRECTOR OF PUBLIC INSTURCTIONS, THIRUVANANTHAPURAM 695 001. 3 THE DISTRICT EDUCATIONAL OFFICER, OTTAPPALAM 679 101. 4 K.V.SYED MOHAMMED, KALLIVALAPPIL THRITHALA PALAKKAD PIN 679 534. 5 ABDU RAHMAN .P PONNERI HOUSE, P.O.KUDALLUR, VIA THRITHALA, PALAKKAD DISTRICT 679 534. *ADDL. SINI K.P, 6 W/O ANNOOJ, AGED 35 YEARS, HSST (SENIOR) COMPUTER APPLICATION, DR.K.B.MENON MEMORIAL HIGHER SECONDARY SCHOOL, THRITHALA, PALAKKAD,
PIN - 679534 *ADDL. SANGEETHA C.M., W/O PREM KUMAR, 7 AGED 39 YEARS, HSST (SENIOR) COMMERCE, DR.K.B. MENON MEMORIAL HIGHER SECONDARY SCHOOL, THRITHALA, PALAKKAD, PIN-679534 *ADDL. UMA DEVI K., W/O JAYAKRISHNAN, 8 AGED 36 YEARS, HSST (JUNIOR) ECONOMICS, DR.K.B.MENON MEMORIAL HIGHER SECONDARY SCHOOL, THRITHALA, PALAKKAD - 679534 * ADDITIONAL RESPONDENTS 6 TO 8 ARE IMPLEADED AS PER ORDER DATED 23.02.2021 IN I.A.NO.1 OF 2021 R1, R4 BY ADV. SMT.APARNA RAJAN R1, R5 BY ADV. SRI.N.KRISHNA PRASAD R1 BY ADV. SRI.S.RAMESH BABU SR. R1-3 BY GOVERNMENT PLEADER R6 BY ADV. BIJU ABRAHAM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23.02.2021, ALONG WITH WP(C).20051/2017(F), WP(C).20123/2017(M), WP(C).20545/2017(P), WP(C).20572/2017(V), WP(C).16246/2019(E), WP(C).20071/2019(H), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN TUESDAY, THE 23RD DAY OF FEBRUARY 2021 / 4TH PHALGUNA, 1942 WP(C).No.20572 OF 2017 PETITIONER: K V SYED MOHAMMED, AGED 82 YEARS, KALLIVALAPPIL, THRITHALA-679634, PALAKKAD DISTRICT. BY ADVS. SRI.P.RAVINDRAN (SR.) SRI.SREEDHAR RAVINDRAN RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 2 THE DISTRICT EDUCATIONAL OFFICER OTTAPALAM-679101. 3 THE DIRECTOR OF PUBLIC INSTRUCTIONS THIRUVANANTHAPURAM-695001. 4 M.SUKUMARAN CHANDRIKA SADAN, MEZHATHOOR, THRITHALA, PALAKKAD-679634. 5 ADDL.R5. K.V.SHARAFUDHEEN S/O LATE K.V.MUHAMMED, KALLIVALAPIL HOUSE, THRITHALA-679 534.
ADDL.R5 IS IMPLEADED AS PER ORDER DATED 12.07.2019 IN IA 1/19 IN W.P.(C) 20572/17. 6 ADDL.R6.SAYED ASHRAF S/O S.S. HUSSAIN, NADEEM, THRITHALA-679 534. ADDL.R6 IS IMPLEADED AS PER ORDER DATED 12.07.2019 IN IA 1/19 IN W.P.(C) 20572/17. 7 ADDL.R7. NASEERA.K.V D/O.K.V.SAYED MUHAMMED, KALLIVALAPIL HOUSE, THRITHALA-678 534. ADDL.R7 IS IMPLEADED AS PER ORDER DATED 12.07.2019 IN IA 1/19 IN W.P.(C) 20572/17. R4 BY ADV. SRI.BINOY VASUDEVAN R4 BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY R5 BY ADV. GEORGE ABRAHAM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23.02.2021, ALONG WITH WP(C).20051/2017(F), WP(C).20123/2017(M), WP(C).20545/2017(P), WP(C).20554/2017(T), WP(C).16246/2019(E), WP(C).20071/2019(H), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN TUESDAY, THE 23RD DAY OF FEBRUARY 2021 / 4TH PHALGUNA, 1942 WP(C).No.16246 OF 2019(E) PETITIONER: M.KRISHNADAS, AGED 52 YEARS, TREASURDER, TRITHALA EDUCATION SOCIETY, MELEPPURATH HOUSE, MEZHATHUR P.O., PALAKKAD DISTRICT - 679 534. BY ADVS. SRI.R.K.MURALEEDHARAN SMT.ATHIRA A.MENON SRI.AMAL S KUMAR RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY SECRETARY TO GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM - 695 001. 2 DIRECTOR OF PUBLIC INSTRUCTION, JAGATHI, THIRUVANANTHAPURAM - 695 014. 3 THE DISTRICT EDUCATIONAL OFFICER, OTTAPALAM, PALAKKAD DISTRICT - 679 101. 4 C.SAKKINA, HEADMISTRESS, DR.K.B.MENON MEMORIAL HIGHER SECONDARY SCHOOL, TRITHALA, PALAKKAD - 679 534. 5 U.SHEELA, HSA (ENGLISH), DEPUTY HEADMISTRESS, DR.K.B.MENON MEMORIAL HIGHER SECONDARY SCHOOL, TRITHALA, PALAKKAD - 679 534. 6 SUJA V.K., UPSA, DR.K.B.MENON MEMORIAL HIGHER SECONDARY SCHOOL, TRITHALA, PALAKKAD - 679 534. 7 BINDU P.M.,
HSA (HINDI), DR.K.B.MENON MEMORIAL HIGHER SECONDARY SCHOOL, TRITHALA, PALAKKAD - 679 534. 8 ANITHA T.K., HSA(MATHS), DR.K.B.MENON MEMORIAL HIGHER SECONDARY SCHOOL, TRITHALA, PALAKKAD - 679 534. 9 DIVYA K.C., HSA (SS), DR.K.B.MENON MEMORIAL HIGHER SECONDARY SCHOOL, TRITHALA, PALAKKAD - 679 534. 10 AJITHA P.K., HSA (SS), DR.K.B.MENON MEMORIAL HIGHER SECONDARY SCHOOL, TRITHALA, PALAKKAD - 679 534. 11 YAHUL HAMEED M., UPSA, DR.K.B.MENON MEMORIAL HIGHER SECONDARY SCHOOL, TRITHALA, PALAKKAD - 679 534. 12 IBRAHIM KUTTY POOPARAMBIL, HEADMASTER (RETIRED), DR.K.B.MENON MEMORIAL HIGHER SECONDARY SCHOOL, TRITHALA, POOPARAMBIL HOUSE, P.O.KAPPUR, PALAKKAD - 679 552. R1-3 BY GOVERNMENT PLEADER R4-12 BY ADV. SRI.P.RAVINDRAN (SR.) R4-12 BY ADV. SMT.APARNA RAJAN R4-12 BY ADV. SRI.SREEDHAR RAVINDRAN SR.GP-SRI.P.M.MANOJ THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
23.02.2021, ALONG WITH WP(C).20051/2017(F), WP(C).20123/2017(M), WP(C).20545/2017(P), WP(C).20554/2017(T), WP(C).20572/2017(V), WP(C).20071/2019(H), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN TUESDAY, THE 23RD DAY OF FEBRUARY 2021 / 4TH PHALGUNA, 1942 WP(C).No.20071 OF 2019(H) PETITIONER:
1 K.V.SHERAFFUDHEEN, AGED 48 YEARS MANAGING COMMITTEE MEMBER, TRITHALA EDUCATION SOCIETY, EDUATIONAL AGENCY FOR DR.K.B.MENON MEMORIAL HIGHER SECONDARY SCHOOL, TRITHALA, PALAKKAD -679 534. 2 NASEERA K.V., MANAGING COMMITTEE MEMBER, TRITHALA EDUCATION SOCIETY, EDUCATIONAL AGENCY FOR DR.K.B.MENON MEMORIAL HIGHER SECONDARY SCHOOL, TRITHALA, PALAKKAD - 679 534. 3 SYED ASHRAFF, MANAGING COMMITTEE MEMBER, TRITHALA EDUCATION SOCIETY, EDUCATIONAL AGENCY FOR DR.K.B.MENON MEMORIAL HIGHER SECONDARY SCHOOL, TRITHALA, PALAKKAD - 679 534. BY ADVS. SRI.S.RAMESH BABU (SR.) SRI.N.KRISHNA PRASAD SRI.IMAM GRIGORIOS KARAT
RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695 001. 2 THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM - 695 001. 3 THE DISTRICT EDUCATIONAL OFFICER, OTTAPALAM- 679 101. 4 M.SUKUMARAN, CHANDRIKA SADAN, MEZHATHUR, THRITHALA, PALAKKAD - 679 534. 5 K.V.SYED MOHAMMED, KALLIVALAPPIL, THRITHALA, PALAKKAD DISTRICT, PIN - 679 534. R4 BY ADV. SRI.BINOY VASUDEVAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23.02.2021, ALONG WITH WP(C).20051/2017(F), WP(C).20123/2017(M), WP(C).20545/2017(P), WP(C).20554/2017(T), WP(C).20572/2017(V), WP(C).16246/2019(E), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
The essential controversy in these cases relate to the membership of a Corporate Educational Agency called “Thrithala Education Society” ('Society' for short); and as to who is the Manager of a School by name “K.B.Menon Memorial Higher Secondary School”, which is managed by the said Society.
2. The pleadings on record show that the
Society is governed by a Bye-law, which was approved by the competent educational Authority, namely the Regional Deputy Director of Public Instructions, Calicut, (as the post was then designated). The founding members shown therein are Sri.M.P.Narayana Bhattathiripad, Sri.K.V.Syed Mohammed, Sri.M.P.Vasudevan Bhattathiripad, Sri.Kesavan Nair, Dr.M.G.Gopal and Sri.K.P.Narayana Menon.
3. It transpires that through the travel of time, other members were also inducted, namely Sri.Abdu Rahman and two others; and that the membership of the Society at one point of time stood at nine.
4. It appears that, on account of old
age and such other factors, some of the members either became invalid or even died, consequent to which, the membership attenuated to less than the quorum required as per the Bye Laws and that there were deliberations to induct new people at several points of time.
5. Interestingly, it is at this stage
that the controversy begins, because various persons claim to have applied for and obtained membership in the Society and all of them stake claim to various positions therein, including to that of the Manager of the school.
6. Out of the afore mentioned writ petitions, W.P(C)No.20051 of 2017 and W.P(C)No.20572 of 2017 have been filed by Shri.Dr.M.G.Gopalan and Shri.K.V.Syed
Mohammed, who are members of the Society ever since its inception; while W.P(C)No.20123 of 2017, W.P(C)No.20071 of 2019, W.P(C)No.20554 of 2017 and W.P(C)No.16246 of 2019 have been filed by various persons who claim to have been inducted into the Society as members subsequently.
7. Even though there are several
assertions, allegations and averments made and urged in these writ petitions with respect to the history of the Society and its functioning for the last several years, they are not really relevant for my consideration at the present time because, it is conceded that the
Government, noticing the internecine issues
within the Society, had issued an order
bearing number G.O(Rt)No.1636/2017/ G.Edn. dated 30.05.2017 (which will hereinafter be referred to as the “First Government Order”), approving the afore named Sri.Abdu Rahman as the Manager of the School and further directing the Society to induct new members as per the approved Bye Laws, thus leading to the selection of a new Manager within a period of six months.
8. This order has been challenged by
Shri.Dr.M.G.Gopalan in W.P(C)No.20051 of 2017, asserting that the appointment of Sri.Abdu Rahman in such manner was illegal, since he had already been duly elected as the Manager by the Society through an earlier proceedings.
9. While so, it transpires that, based
on statutory revisions filed by some other parties - with respect to an earlier proceedings, whereby, a certain Shri.M.Sukumaran had claimed to be appointed as the Manager - the Government issued an order, bearing number G.O(Rt)No.1878/2017/ G.Edn. dated 14/06/2017 (which will hereinafter referred to as the “Second Government Order') reviewed its earlier
decision and vacated the “First Government Order” and appointed the District Educational Officer, Ottappalam (DEO), to officiate as the Manager of the School, holding that there were “civil disputes” between the members of the Society.
10. The other writ petitions, except
W.P(C)No.16246 of 2019, has been filed challenging this order as being illegal and contending that there are no “civil disputes” between the members of the Society and therefore, that the person duly elected among them, as the Manager, ought to have been so approved.
11. That said, W.P(C)No.16246 of 2019 has
been filed by Shri.M.Krishnadas, alleging that, during the period when Sri.Abdu Rahman was appointed as the Manager through the “First Government Order”, he was completely invalid and incapable of even basic cognitive faculties, but that taking advantage of this, certain records were created by a teacher close to him, to show that sixteen appointments were made to the School; and he alleges that the proposals for the same were forged and fabricated.
12. Shri.M.Krishandas asserts that, based
on his complaint the Vigilance Officer/ Additional Director in the Office of the Director of General Education conducted an enquiry and concluded that since Sri.Abdu Rahman was very ill at the relevant time, it is possible that his signatures were forged in the appointment orders and proposal of approval of the afore mentioned sixteen new appointees; thus recommending proper action at the hands of the competent Authority. He asserts that, thereafter, the Director of General Education (DGE for short) issued an
order dated 15.03.2018 - (a copy of which is
on record as Ext.P8(9) in W.P(C)No.16246 of 2019) - recommending an enquiry to be conducted by the Government through the Police or the Vigilance and Anti Corruption Bureau.
13. Shri.M.Krishnadas further alleges
that, in spite of these recommendations, no action has been yet taken by the Government; and therefore, prays that the Authorities concerned be directed to implement these at the earliest.
14. The narration of the most essential
facts being done as fore, it becomes luculent
that as matters now stand, there are deep seated disputes between the persons claiming to be the original members of the Society and those claiming to have been inducted to it subsequently; and this is evident from the fact that rival claims have been set forth to the post of Manager of the School.
15. Obviously therefore, the Government
had no other option but to appoint the jurisdictional DEO as the Manager of the school, until such time as the internecine disputes between the members of Society are properly resolved. Of course, the Government casually says that there are “civil disputes” between them and it is the contention of the petitioners in most of these cases that there are no such disputes and that the Society has operated on the basis of meetings and minutes recorded with respect to his deliberations.
16. However, it is also true - it being
virtually uncontested - that many of the petitioners are at war with each other, asserting that the persons who claim to have been subsequently inducted were not so done as per the approved Byelaws.
17. Therefore, there can be little doubt that if this situation is allowed to continue further, the affairs of the school would be irreparably prejudiced and it would cause
deleterious consequences to the students and staff studying and working therein. I cannot, therefore, but find favour with the action of the Government - whatever be the legal contentions raised against it - in having appointed the DEO as the Manager, so that a new Manager can be elected by the Society, after resolution of their internecine disputes, thus leading to a peaceful and congenial atmosphere in management of the school in question.
18. Sri.P.Ravindran, learned senior
counsel, instructed by Smt.Aparna Rajan, appearing for the petitioner in W.P.(C) No.20572/2017, conceded that what is immediately requisite for the proper functioning of the school is that the affairs of the Society be put back in rail, particularly because the now available original committee members, who had subscribed their signatures to the approved
Byelaws, are all in their late 80s or early 90s; while the rest have already died.
19. The learned senior counsel also
admitted that as long as there are disputes between the original members of the Society and those who claim to have been inducted subsequently, the affairs of the school cannot be managed smoothly; and therefore, that, for the time being, his client does not object to the DEO continuing to officiate as the Manager, provided the Regional Deputy Director of Education, Palakkad, conducts an evaluation of the membership of the Society, leading to a proper election among them inter alia for the post of Manager. The learned senior counsel thus prayed that appropriate directions in this regard be issued, so that
there will be a resolution to the issues
projected in these cases, without any further delay.
20. The sentiment of Sri.P.Ravindran was
shared by the various other learned senior counsel and counsel appearing in these matters and they also affirmed that unless action is taken to resolve the disputes among the members of Society, the situation with respect to the school will deteriorate, particularly because it is one of the most prominent ones in the locality with a large number of students studying in it.
21. When I analyse the submissions made
before me, juxtaposed with the materials and documents available on record, there can be no doubt that the primary concern of this Court will be to ensure that the school is run well and that the students and staff studying and teaching there are put to no prejudice on account of the disputes between members of the Corporate Educational Agency. It is needless to say that the disputes among the members of Educational Agency can never be allowed to escalate into a situation where
the school would be affected or prejudiced and indubitably, therefore, the primary intent of this Court is to ensure that they are resolved effectively by the competent educational Authorities at the earliest.
22. That being said, it is conceded by
the petitioners and the respondents in these cases that the Society is governed by the approved Byelaws mentioned above. Unfortunately, due to efflux of time, many of the original members shown therein have died. It is also virtually conceded, without its specifics being admitted, that there were some additions subsequently; but as matters now stand and as far as this Court is concerned, it is impossible to ascertain who are the real members and who are the persons who claim to be such without any tenable basis.
23. Obviously, therefore, if this situation is now allowed to continue, the inter se disputes between the persons who claim to be members of the Society will certainly lead to the perdition of the school itself.
24. I am, therefore, of the firm view that it is now time for the competent educational Authorities to act in accordance with the mandate under the provisions of the Kerala Education Act and KER.
25. I resultantly proposed at the Bar
that the Regional Deputy Director of Education, Palakkad, must be asked to call all those persons who claim to be members of the Society and verify their asserted membership in it, based on the documents produced or obtained from the Society; so that, once this is done, the Deputy Director can then call for a meeting to be conducted among the valid members, leading to the selection of the Manager of the school, as per the approved Byelaws. I had suggested so
also for reason that it is submitted at the Bar, by the learned counsel for the rival parties, that the earlier approved Manager - Sri.Abdu Rahman, is now no more.
26. I must record that the learned senior
counsel as also the various learned counsel on record for the parties on both sides agreed to the afore suggestion of the Court and, in fact, conceded that if this is done, it would be to the benefit of the school in the long run.
27. As regards the complaint of
Sri.M.Krishnadas, as voiced in W.P.(C) No.16246/2019 is concerned, Dr.George Abraham, learned counsel for the party respondents therein - who are the teachers appointed by Sri.Abdu Rahman during the time when he was the approved Manager - prayed that this Court may not direct any particular enquiry to be conducted, because his clients have already been approved as teachers of the school and
because Ext.P8 report prepared by the Vigilance Officer/Additional Director - even if it is taken to be true - can never reflect the cognitive faculties of Sri.Abdu Rahman at the time when he made the appointments, since it was settled more than seven months later.
28. I find some force in the afore
submissions, but I am of the view that it will not be proper for this Court to speak one way or the other on this issue; and am, therefore, of the opinion that the competent Authority, namely the Director of General Education, must be asked to examine the approvals granted to the party respondents in this case based on the report of the Vigilance Officer/Additional Director.
29. That said, it is upto the Government
to take any decision that they may deem fit on Ext.P8 recommendations of the Vigilance Officer/Additional Director with respect to an enquiry by the Police or by the Vigilance and Anti-Corruption Bureau. I am sure that it would not be necessary for this Court to speak affirmatively on this at this point of time. In the afore circumstances, I order these writ petitions in the following manner:
(a) The Deputy Director of Education,
Palakkad, will hear all the petitioners and every other person who claims to be the members of the “Thrithala Education Society” and will decide as to who among them are its members and who have been inducted validly into it as per the approved Byelaws. For this purpose, I direct the petitioners and every other person who is staking such a claim, to mark appearance before the Deputy Director of Education, Palakkad, at 11 a.m. on 10.03.2021, along with all the documents that they may use in substantiation of their claim in their possession. The Deputy Director will, thereupon, either hear them on that day or adjourn the matter for hearing to a convenient
date and take a decision as to who among them are validly inducted members of the Society, after assessing all the documents, including those which he may call for from the Society for this purpose. This exercise shall be completed by the Deputy Director not later than four months from the date of receipt of a copy of this judgment.
(b) On the Deputy Director completing the
afore exercise and preparing a list of those persons whom he identifies and recognizes as the members of the “Thrithala Education Society”, he shall arrange for an election to be conducted among them for the appointment of office bearers of the society, including the Manager of the school; and this shall be done within a period of three months thereafter.
(c) On a person being validly selected as the Manager of the school in terms of the afore directions, the proposal for his/her
approval shall be forwarded by the present Manager - the D.E.O., Ottappalam, to the Deputy Director, who shall thereupon, consider the same and issue appropriate orders on it without any avoidable delay.
(d) As regards the allegations made in
W.P.(C)No.16246/2019 are concerned, I direct the Director General of Education to examine the approvals granted to the party respondents therein and take a decision as to whether any modification or variation of the same is required, under the provisions of Rule 8A of Chapter XIVA of the Kerala Education Rules, adverting to the report of the Vigilance Officer/Additional Director (which is available as Ext.P8 in W.P.(C)No.16246/2019). The Deputy Director, of course, will complete this exercise, after hearing Sri.M.Krishnadas - Petitioner in W.P.(C)No.16246/2019 and the party respondents and after specifically adverting to the latter’s contention that
Sri.Abdu Rahman was hale and hearty at the time when their appointments were made and that the report of the Vigilance Officer/Additional Director was prepared based on the contention of Sri.Abdu Rahman nearly seven months after such appointments had been made.
(e) Finally, I give liberty to the
Government to decide if any action, pursuant to the recommendations of the Vigilance Officer/Additional Director for conduct of an enquiry by the Police or the Anti-Corruption Bureau is required, with respect to the appointments made in the school by late Sri.Abdu Rahman and while doing so, they shall also certainly keep in mind the contention of the party respondents that the said report was settled by the Vigilance Officer/Additional Director nearly seven months after the appointments were made by Sri.Abdu Rahman.
(f) Needless to say, once a manager is
validly appointed in the manner as afore directed, the Educational Agency will be put in control of its management, who will thereafter, run it in terms of the approved Bylaws.
After I dictated this part of the judgment, Sri.P.Ravindran, learned senior counsel, submitted that since two of the original members of the society, namely Sri.K.V.Syed Mohammed and Dr.M.K.Gopalan, are now very old, they may be permitted to present their case before the Deputy Director of Education through an authorized representative. I find sufficient cause to accede to this request, because from the pleadings it is indubitable that they are now over 80 or 85 years in age. I, therefore, permit them to be represented before the DGE through a validly and properly authorized person, subject to the satisfaction of the said Authority.
These writ petitions are thus disposed of. Sd/- DEVAN RAMACHANDRAN JUDGE MC/STU/SS The words 'Deputy Director' occurring in the 12 th line of direction (d) of paragraph 29 of the judgment dated 23.02.2021 in W.P(C)No.16246/2019 and connected cases is corrected as 'Director of General Education', as per order dated 03.08.2021 in IA 1/2021 in WP(C)No.16246/2019(E). Sd/- Joint Registrar
APPENDIX OF WP(C) 20051/2017 PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE MINUTES OF THE MEETING OF THE BOARD OF MANAGEMENT OF THE SOCIETY DATED 31.12.2007, IN WHICH THE 'TRITHALA HIGH SCHOOL' WAS NAMED AS "DR.K.B.MENON MEMORIAL HIGH SCHOOL, TRITHALA". EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED 21.01.2013 IN W.P.(C) NO.22910 OF 2012 EXHIBIT P3 TRUE COPY OF THE MINUTES OF THE MEETING OF THE BOARD OF MANAGEMENT OF THE SOCIETY HELD ON 28.10.2012 EXHIBIT P4 TRUE COPY OF THE MINUTES OF THE MEETING
OF THE GENERAL BODY OF THE SOCIETY HELD
ON 24.03.2013 EXHIBIT P4(A) TRUE COPY OF THE MINUTES OF THE MEETING OF THE BOARD OF MANAGEMENT OF THE SOCIETY HELD ON 24.03.2013 EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 04.07.2014 IN W.A. NO.741 OF 2013 EXHIBIT P6 TRUE COPY OF THE MINUTES OF THE MEETING DATED 28.12.2008, AS PER WHICH MEMBERSHIP IN THE TRITHALA EDUCATION SOCIETY WAS DECIDED TO BE ISSUED TO 11 PERSONS EXHIBIT P7 TRUE COPY OF THE MINUTES OF THE MEETING
OF THE GENERAL BODY OF THE SOCIETY HELD
ON 11.01.2009 EXHIBIT P8 TRUE COPY OF THE LIST OF OFFICE BEARERS AND MEMBERS OF THE BOARD OF MANAGEMENT OF TRITHALA EDUCATION SOCIETY FOR THE PERIOD 2009-10 APPROVED BY THE DISTRICT REGISTRAR (GENERAL), PALAKKAD EXHIBIT P9 TRUE COPY OF THE LIST OF OFFICE BEARERS AND MEMBERS OF THE BOARD OF MANAGEMENT OF TRITHALA EDUCATION SOCIETY FOR THE PERIOD 2011-12 APPROVED BY THE DISTRICT REGISTRAR (GENERAL), PALAKKAD
EXHIBIT P10 TRUE COPY OF G.O.(RT) NO.1813/16/G.EDN.
DATED 02.06.2016 PASSED BY GOVERNMENT REJECTING THE REVISION PETITION FILED BY THE 7TH RESPONDENT EXHIBIT P11 TRUE COPY OF THE COMMON JUDGMENT DATED 09.11.2016 IN W.P.(C) NOS. 21230 & 23538 OF 2016 EXHIBIT P12 TRUE COPY OF THE COMMON JUDGMENT DATED 17.12.2016 IN W.A.NOS.2449 & 2452 OF EXHIBIT P13 TRUE COPY OF JUDGMENT DATED 27.02.2017 IN W.P.(C) NO.4484 OF 2017 EXHIBIT P14 TRUE COPY OF G.O.(RT)NO.1636/2017/G.EDN. DATED 30.05.2017 PASSED BY GOVERNMENT ALLOWING THE REVISION PETITION FILED BY THE 6TH AND 7TH RESPONDENTS
APPENDIX OF WP(C) 20123/2017 PETITIONER'S/S EXHIBITS: EXHIBIT P1. TRUE COPY OF THE MINUTES OF THE MEETING OF THE BOARD OF MANAGEMENT OF THE SOCIETY DATED 31.12.2007, IN WHICH THE 'TRITHALA HIGH SCHOOL' WAS NAMED AS "DR.K.B.MENON MEMORIAL HIGH SCHOOL, TRITHALA". EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED 21.01.2013 IN W.P.(C) NO. 22910 OF 2012. EXHIBIT P3. TRUE COPY OF THE MINUTES OF THE MEETING OF
THE BOARD OF MANAGEMENT OF THE SOCIETY HELD
ON 28.10.2012. EXHIBIT P4. TRUE COPY OF THE MINUTES OF THE MEETING OF THE GENERAL BODY OF THE SOCIETY HELD ON 24.03.2013. EXHIBIT P4(A). TRUE COPY OF THE MINUTES OF THE MEETING OF
THE BOARD OF MANAGEMENT OF THE SOCIETY HELD
ON 24.03.2013. EXHIBIT P5. TRUE COPY OF THE JUDGMENT DATED 04.07.2014 IN W.A.NO.741 OF 2013. EXHIBIT P6. TRUE COPY OF THE MINUTES OF THE MEETING DATED 28.12.2008, AS PER WHICH MEMBERSHIP IN THE TRITHALA EDUCATION SOCIETY WAD DECIDED TO BE ISSUED TO 11 PERSONS. EXHIBIT P7. TRUE COPY OF THE MINUTES OF THE MEETING OF THE GENERAL BODY OF THE SOCIETY HELD ON 11.01.2009. EXHIBIT P8. TRUE COPY OF THE LIST OF OFFICE BEARERS AND MEMBERS OF THE BOARD OF MANAGEMENT OF TRITHALA EDUCATION SOCIETY FOR THE PERIOD 2009-10 APPROVED BY THE DISTRICT REGISTRAR (GENERAL), PALAKKAD. EXHIBIT P9. TRUE COPY OF THE LIST OF OFFICE BEARERS AND MEMBERS OF THE BOARD OF MANAGEMENT OF TRITHALA EDUCATION SOCIETY FOR THE PERIOD 2011-12 APPROVED BY THE DISTRICT REGISTRAR (GENERAL), PALAKKAD.
EXHIBIT P10. TRUE COPY OF G.O.(RT) NO.1813/16/G.EDN. DATED 02.06.2016 PASSED BY GOVERNMENT REJECTING THE VERSION PETITION FILED BY THE 7TH RESPONDENT. EXHIBIT P11. TRUE COPY OF THE COMMON JUDGMENT DATED 09.11.2016 IN W.P.(C) NOS.21230 & 23538 OF 2016. EXHIBIT P12. TRUE COPY OF THE COMMON JUDGMENT DATED 17.12.2016 IN WA NOS.2449 & 2452 OF 2016. EXHIBIT P13. TRUE COPY OF JUDGMENT DATED 27.02.2017 IN W.P.(C) NO.4484 OF 2017. EXHIBIT P14. TRUE COPY OF G.O.(RT) NO.1636/17/G.EDN.
DATED 30.05.2017 PASSED BY GOVERNMENT ALLOWING THE REVISION PETITION FILED BY THE 6TH AND 7TH RESPONDENTS.
EXHIBIT P15. TRUE COPY OF G.O.(RT) NO.1878/2017/G.EDN. DATED 14.06.2017 PASSED BY GOVERNMENT CANCELLING EXHIBIT P14. APPENDIX OF WP(C) 20545/2017 PETITIONER'S/S EXHIBITS: EXHIBIT P1 : TRUE COPY OF THE ORDER IN IA NO.651/2013 IN WRIT APPEAL NO. 741/2013 DATED 21-8-2013. EXHIBIT P2 : TRUE COPY OF THE JUDGMENT DATED 4-7-2014 IN WRIT APPEAL NO. 741/2013. EXHIBIT P3 : TRUE COPY OF THE ORDER OF THE DIRECTOR OF PUBLIC INSTRUCTION DATED 17-4-2015. EXHIBIT P4 : TRUE COPY OF THE APPEAL REVISION DATED 31- 7-2015. EXHIBIT P5 : TRUE COPY OF THE ORDER DATED 2-6-2016. EXHIBIT P6 : TRUE COPY OF THE COMMON JUDGMENT DATED 9- 11-2016 IN WRIT PETITION NO.23538/2016 AND WRIT PETITION NO.21230 OF 2016. EXHIBIT P7 : TRUE COPY OF THE JUDGMENT OF THE DIVISION BENCH DATED 17-12-2016 IN WRIT APPEAL NO.2449/2016. EXHIBIT P8 : TRUE COPY OF THE NOTICE DATED 27-1-2017. EXHIBIT P9 : TRUE COPY OF THE JUDGMENT DATED 27-2-2017 IN WRIT PETITION NO.4484/2017. EXHIBIT P10 : TRUE COPY OF THE ORDER OF THE GOVERNMENT DATED 30-5-2017. EXHIBIT P10A : TRUE COPY OF THE COMMUNICATION DATED 31-5- 2017. EXHIBIT P11 : TRUE COPY OF THE ORDER DATED 14-6-2017. APPENDIX OF WP(C) 20554/2017 PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE BYE - LAW OF THRITHALA EDUCATION SOCIETY EXHIBIT P2 TRUE COPY OF THE PROCEEDINGS OF THE THIRD RESPONDENT DATED 28.5.2008 APPROVING THE 5TH RESPONDENT AS THE MANAGER EXHIBIT P3 TRUE COPY OF THE LIST OF MEMBERS OF THE THRITHALA EDUCATION SOCIETY FOR THE YEAR 2009-10 APPROVED BY THE DISTINCT REGISTRAR, PALAKKAD EXHIBIT P4 TRUE COPY OF THE LIST OF MEMBERS OF THE THRITHALA EDUCATION SOCIETY FOR THE YEAR 2010-11 APPROVED BY THE DISTRICT REGISTRAR, PALAKKAD EXHIBIT P5 TRUE COY OF THE PROCEEDINGS OF THE 2ND RESPONDENT ALLOWING THE APPEAL PREFERRED BY THE 4TH RESPONDENT EXHIBIT P6 TRUE COPY OF THE DECISION OF THE BOARD OF MANAGEMENT DATED 28.10.2012 EXHIBIT P7 TRUE COPY OF THE JUDGMENT IN WPC NO. 22910 OF 2012 EXHIBIT P8 TRUE COPY OF THE DECISION DATED 24.3.2013 OF THE BOARD OF MANAGEMENT EXHIBIT P9 TRUE COPY OF THE PROCEEDINGS OF THE 3RD RESPONDENT DATED 20.6.2013 APPROVING THE APPOINTMENT AS MANAGER OF THE SCHOOL EXHIBIT P10 TRUE COPY OF THE COMMON ORDER OF THE 2ND RESPONDENT DISMISSING THE APPEALS PREFERRED BY THE 4TH AND 5TH RESPONDENTS EXHIBIT P11 TRUE COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT DISMISSING THE REVISION PREFERRED BY THE 4TH RESPONDENT EXHIBIT P12 TRUE COPY OF THE COMMON JUDGMENT DATED 9.11.2016 IN WPC NO. 21230 OF 2016 AND 23538 OF 2016 EXHIBIT P13 TRUE COPY OF THE COMMON JUDGMENT DATED 17.12.2016 IN WA NO. 2449 AND 2452 OF 2016 EXHIBIT P14 TRUE COPY OF THE DETAILED ARGUMENT NOTE SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT FIXING THE DATE FOR HEARING EXHIBIT P15 TRUE COPY OF THE DETAILED ARGUMENT NOTE SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT EXHIBIT P16 TRUE COPY OF THE COMMUNICATION DATED 27.1.2017 ISSUED BY THE 1ST RESPONDENT EXHIBIT P17 TRUE COPY OF THE JUDGMENT DATED 27.2.2017 IN WPC NO. 4484 OF 2017 EXHIBIT P18 TRUE COPY OF THE GO(RT) NO. 1636/2017/G.EDN DATED 30.5.2017 EXHIBIT P19 TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT EXHIBIT P20 TRUE COPY OF GO(RT) NO. 1878/2017/G.EDN DATED 14.6.2017 APPENDIX OF WP(C) 20572/2017 PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE BYELAW OF THE THRITHALA EDUCATION SOCIETY. EXHIBIT P2 TRUE COPY OF THE DECISION OF THE BOARD ON 6.4.2007 EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 30.4.2008. EXHIBIT P4 TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER DATED 7.5.2008. EXHIBIT P5 TRUE COPY OF THE ORDER OF THE DPI DATED 13.9.2012. EXHIBIT P6 TRUE COPY OF THE ORDER OF THE DEO DATED 20.6.13. EXHIBIT P7 TRUE COPY OF THE ORDER IN I.A.651/13 IN W.A.741/13 DATED 21.8.13. EXHIBIT P8 TRUE COPY OF THE REVISION PETITION EXCEPT ANNEXURE FILED BEFORE THE DPI DATED 6.8.08. EXHIBIT P9 TRUE COPY OF THE JUDGMENT IN W.A.NO.741/13 DATED 4.7.14. EXHIBIT P10 TRUE COPY OF THE ORDER OF THE DPI DATED 17.4.15. EXHIBIT P11 TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 2.6.16. EXHIBIT P12 TRUE COPY OF THE COMMON JUDGMENT IN W.P. (C)NO.21230/16 DATED 09.11.16. EXHIBIT P13 TRUE COPY OF THE JUDGMENT IN W.A.NO. /16 DATED 17.12.16. EXHIBIT P14 TRUE COPY OF THE GOVERNMENT ORDER DATED 27.01.2017. EXHIBIT P15 TRUE COPY OF THE JUDGMENT IN W.P. (C)NO.4484/2017 DATED 27.02.17. EXHIBIT P16 TRUE COPY OF THE GOVERNMENT ORDER DATED 30.05.2017. EXHIBIT P17 TRUE COPY OF THE ORDER DATED 14.6.17. RESPONDENT'S/S EXHIBITS: EXHIBIT R5(A) TRUE COPY OF THE NOTICE ISSUED ON 31.5.2017 EXHIBIT R5(B) TRUE COPY OF MINUTES OF THE GENERAL BODY
HELD ON 1.6.2017
EXHIBIT R5(C) TRUE COPY OF THE RECEIPT OF THE MEMBERSHIP APPENDIX OF WP(C) 16246/2019 PETITIONER'S/S EXHIBITS: EXHIBIT P1 A TRUE COPY OF THE GO(ORD) NO.1636/2017/G.EDN. DATED 30/05/2017. EXHIBIT P2 A TRUE COPY OF THE ORDER DATED 14/06/2017. EXHIBIT P3 A TRUE COPY OF THE LETTER ISSUED BY K.V.MUSTAFFA, SECRETARY OF THE SECRETARY DATED 27/06/2017. EXHIBIT P4 TRUE COPY OF THE APPOINTMENT ORDER OF THE 4TH RESPONDENT DATED 01/06/2017. EXHIBIT P4A TRUE COPY OF THE APPOINTMENT ORDER OF THE 5TH RESPONDENT DATED 01/06/2017. EXHIBIT P4B TRUE COPY OF THE APPOINTMENT ORDER OF THE 6TH RESPONDENT DATED 01/06/2017. EXHIBIT P4C TRUE COPY OF THE APPOINTMENT ORDER OF THE 7TH RESPONDENT DATED 01/06/2017. EXHIBIT P4D TRUE COPY OF THE APPOINTMENT ORDER OF THE 8TH RESPONDENT DATED 01/06/2017. EXHIBIT P4E TRUE COPY OF THE APPOINTMENT ORDER OF THE 9TH RESPONDENT DATED 01/06/2017. EXHIBIT P4F TRUE COPY OF THE APPOINTMENT ORDER OF THE 10TH RESPONDENT DATED 01/06/2017. EXHIBIT P4G TRUE COPY OF THE APPOINTMENT ORDER OF THE 11TH RESPONDENT DATED 01/06/2017. EXHIBIT P4H TRUE COPY OF THE APPOINTMENT ORDER OF THE 12TH RESPONDENT DATED 30/05/2017. EXHIBIT P4I A TRUE COPY OF THE ORDER OF THE 3RD RESPONDENT DATED 31/08/2017. EXHIBIT P5 TRUE COPY OF THE REQUEST SUBMITTED BY R.K.HARIKRISHNAN. EXHIBIT P5A TRUE COPY OF THE REPLY DATED 12/09/2018. EXHIBIT P6 A TRUE COPY OF THE REPRESENTATION AND THE
ORDER PASSED BY THE MINISTER FOR EDUCATION
DATED 31/01/2018. EXHIBIT P7 A TRUE COPY OF THE LETTER DATED 18/06/2018 BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT. EXHIBIT P8 TRUE COPY OF THE REPORT DATED 24/02/2018 ALONG WITH THE LETTER DATED 15/03/2018 TO THE 1ST RESPONDENT RECEIVED UNDER RTI ACT. EXHIBIT P9 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. EXHIBIT P10 A TRUE COPY OF THE FILE NOTES RECEIVED UNDER THE RTI ACT. EXHIBIT P11 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT DATED 04/06/2018. EXHIBIT P12 A TRUE COPY OF THE DECLARATION DATED APPENDIX OF WP(C) 20071/2019 PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE ORDER IN I.A.NO.651/2013 IN WRIT APPEAL NO.741/2013 DATED EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED 04/07/2014 IN WRIT APPEAL NO.741/2013. EXHIBIT P3 TRUE COPY OF THE ORDER OF THE DIRECTOR OF PUBLIC INSTRUCTION DATED 17/04/2015.
EXHIBIT P4 TRUE COPY OF THE APPEAL REVISION DATED EXHIBIT P5 TRUE COPY OF THE ORDER DATED 02/06/2016. EXHIBIT P6 TRUE COPY OF THE COMMON JUDGMENT DATED
AND WRIT PETITION NO.21230 OF 2016. EXHIBIT P7 TRUE COPY OF THE JUDGMENT OF THE DIVISION BENCH DATED 17/12/2016 IN WRIT APPEAL N9O.2449/2016. EXHIBIT P8 TRUE COPY OF THE NOTICE DATED 27/01/2017. EXHIBIT P9 TRUE COPY OF THE JUDGMENT DATED 27/02/2017 IN WRIT PETITION NO.4484/2017. EXHIBIT P10 TRUE COPY OF THE ORDER OF THE GOVERNMENT DATED 30/05/2017. EXHIBIT P10A TRUE COPY OF THE COMMUNICATION DATED EXHIBIT P11 TRUE COPY OF THE ORDER DATED 14/06/2017. RESPONDENT'S/S EXHIBITS: EXHIBIT R4 A TRUE COPY OF THE BYE-LAW OF THRITHALA EDUCATION SOCIETY EXHIBIT R4 B TRUE COPY OF THE PROCEEDINGS DATED 13-9- 2012 OF THE 2ND RESPONDENT EXHIBIT R4 C TRUE COPY OF THE DECISION OF THE BOARD DATED 28/10/2012 EXHIBIT R4D TRUE COPY OF THE JUDGMENT IN WPC NO.22910/2012 OF THIS HON'BLE COURT EXHIBIT R4E TRUE COPY OF THE DECISION OF THE BOARD DATED 24/3/2013 EXHIBIT R4F TRUE COPY OF THE PROCEEDINGS OF THE 3RD RESPONDENT APPROVING THE APPOINTMENT OF THE 4TH RESPONDENT AS THE MANAGER OF THE SCHOOL EXHIBIT R4G TRUE COPY OF THE COMMON JUDGMENT IN WPC NO.21230/2016 AND 23538/2016 DATED EXHIBIT R4H TRUE COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT DATED 30/5/2017