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Sulaika vs Thiroorkkadu Mappila

High Court Of Kerala|20 June, 2014
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JUDGMENT / ORDER

The petitioners who claim to be legal representatives of one of the founder members of the Thiroorkkadu Vidhyabhasa Samithy have filed this writ petition with the following prayers: (i) To issue a writ in the nature of mandamus or any other appropriate writ, order or direction compelling and commanding respondents 2 to 5 not to permit the sixth respondent to act as the Manager of the Thiroorkkadu Aided Mappila High School, Thiroorkkadu and not to accept the decisions being paced by him as that of the manager of the school.
(ii) To issue a writ in the nature of mandamus or any other writ, order or direction compelling and commanding respondents 2 to 5 not to approve the appointments of the teachers and other non-teaching staff in the school made by the sixth respondent.
(iii) To issue a writ in the nature of mandamus or any other writ, order or direction compelling and commanding respondents 2 to 5 not to give any grant or aids to the Thiroorkkadu Aided Mappila High School, Thiroorkkadu so long as the sixth respondent is functioning as the Manager and Correspondent of the school.
(iv) To declare that the sixth respondent is not a duly appointed Manager of the Thiroorkkadu Aided Mappila High School, Thiroorkkadu by the Educational Agency of the same.
2. The writ petition proceeds on the basis that the sixth respondent is not qualified or competent to act as President of the society and the Manager of the school.
W.P.(C) No.14957/2014 2
3. When the writ petition came up for admission hearing on 12.6.2014, I directed the learned Government Pleader to get instructions from the District Educational Officer, Malappuram as to whether orders have been issued approving the sixth respondent as Manager of Thiroorkkadu Aided Mappila High School, Malappuram. When the writ petition came up for further hearing today, Sri.M.A.Fayaz, learned Senior Government Pleader appearing for the State of Kerala submitted on instructions received from the District Educational Officer, Malappuram that orders were issued on 12.7.2013 approving the appointment of the sixth respondent as Manager of Thiroorkkadu Aided Mappila High School, Malappuram. The learned Government Pleader made available to me a copy of the said order and the same is incorporated in the records. The said order discloses that Smt.Amina Umma, the former Manager of Aided Mappila High School expired on 26.10.2012, that Sri.K.Ibrahim, the 6th respondent herein, was given temporary charge as Manager from 27.10.2012 to 31.3.2013, that the Secretary of the society as per letter dated 6.6.2013 reported that the committee has decided to appoint Sri.K.Ibrahim, the sixth respondent as Manager for the period from 1.4.2013 to 31.3.2015 and that the sixth respondent's appointment as Manager of the school has been approved. The said approval is valid W.P.(C) No.14957/2014 3 till 31.3.2015. Such being the situation, I am of the opinion that the relief prayed for by the petitioners cannot be granted.
The writ petition fails and is dismissed. The District Educational Officer, Malappuram shall on the petitioners applying for a copy of the order dated 12.7.2013, issue a copy to them on the day it is applied for.
vps P.N.RAVINDRAN, (JUDGE)
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Title

Sulaika vs Thiroorkkadu Mappila

Court

High Court Of Kerala

JudgmentDate
20 June, 2014
Judges
  • P N Ravindran
Advocates
  • C Rajendran Sri
  • K R Ranjith