A. Mohammed Rafi and Suharabi vs The Deputy Director of Education and Others

T.R. Ramachandran Nair, J.—The first Petitioner is the President of Alathur Educational Society and the second Petitioner is the Vice President of the Society. The Educational Society owns different educational institutions. One of the schools is A.S.M.M.H.S., Alathur and there is a Teachers Training Institute also.

There is a dispute regarding the Managership, and the second Respondent had passed an order on 25/06/2009 approving Smt. Khadeeja Beegum as the Manager of the Institutions for a period of three years from 30/07/2008. The same was challenged by the second Petitioner before the Director of Public Instruction, who set aside the above order and directed the second Petitioner to revive the Alathur Educational Society and get the Constitution approved by the first Respondent as provided under Rule 2 of Chapter III Kerala Education Rules. Ext.P1 is the copy of the said order According to the Petitioners, now the Society has been revived and an application was submitted to the District Registrar, Palakkad for renewing registration, and Ext.P2 is the reply therein.

The problem that is now raised in this writ petition is regarding the admission of Plus-I students under the Management quota in the Higher Secondary School as well as in T.T.I in the minority quota. According to the Petitioners, the Educational Agency will have to exercise the said power. By way of an interim arrangement, the District Educational Officer has been appointed as the Manager of both the schools. The apprehension expressed is that if the Manager and the Headmaster of the respective schools are making admissions, then that will deprive the minority rights of the Management.

Learned Government Pleader on getting instructions submitted that the allotment is through online applications and both the quotas are being filled up properly.

Learned Counsel for the Petitioners submitted that evidently, the President of the Society who is representing the Educational Agency should have a proper say in the matter and Ext.P9 is the representation now pending before the third Respondent and a direction may be issued to the third Respondent to take a decision on Ext.P9 within a shortest possible period since the admissions will be over by 05/08/2011.

Accordingly, there will be a direction as prayed for to the third Respondent to take a decision on Ext.P9 after hearing the Petitioners and communicate the same to the Petitioners. The Petitioners will be heard on 01/08/2011 by the Director of Higher Secondary Education, Thiruvananthapuram. With regard to the approval of Constitution and the Bye-laws, the Petitioners will be free to move the Director of Public Instruction. There will be a further direction to the Director of Public Instruction to consider and pass orders on Ext.P8 where the Petitioner is seeking for a direction with regard to the admission to the Teachers'' Training Course and it is pointed out that the Petitioners can be heard on 29/07/2011. The directions as above will be treated as individual notice to the parties.

The writ petition is disposed of as above. No costs.

Issue photocopy today itself.