2025:KER:26647 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR WEDNESDAY, THE 26TH DAY OF MARCH 2025 / 5TH CHAITHRA, 1947 WA NO. 362 OF 2025 THE JUDGMENT DATED 12.11.2024 IN WP(C) NO.24324 OF 2024 APPELLANTS/PETITIONERS: 1 DHANYA (DHANYA VAMADEVAN) AGED 44 YEARS D/O.SMT.R.SUDHARMA, REPRESENTED BY SMT.R.SUDHARMA, POWER OF ATTORNEY HOLDER OF DHANYA, 'RESMI’, MAVILA, MAROOR, VIA. ADOOR, PATHANAMTHITTA. (NOW RESIDING AT 114, COLLINWOOD GARDENS, ILFORD, ESSEX, IGSDAL, UNITED KINGDOM), PIN - 691524 2 R.SUDHARMA AGED 72, W/O.SHRI.K.GOPINATHAN, 'RESMI’, MAVILA, MAROOR, VIA. ADOOR, PATHANAMTHITTA., PIN - 691524 BY ADVS.SRI.B.RAGHUNATHAN SRI.ASOKAKUMAR B. SRI.K.JALADHARAN SRI.M.SALIM SRI.R.SRINATH SRI.V.M.JACOB WA No.362 of 2025 2 2025:KER:26647 RESPONDENTS/RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM., PIN - 695001 2 DIRECTOR OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM., PIN - 695014 3 ADDITIONAL DIRECTOR OF GENERAL EDUCATION (ACADEMIC), DIRECTORATE OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM., PIN - 695014 4 DISTRICT EDUCATIONAL OFFICER, KOTTARAKARA, KOLLAM., PIN - 691506 5 ASSISTANT EDUCATIONAL OFFICER, SASTHAMCOTTA, KOLLAM., PIN - 690521 BY SRI.SUNILKUMAR KURIAKOSE, GOVERNMENT PLEADER THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 26.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WA No.362 of 2025 3 2025:KER:26647 JUDGMENT Dated this the 26th day of March, 2025 A.Muhamed Mustaque, J. This appeal is at the instance of a Manager of an aided School. The Manager intends to sell the property of the school to one Mr. V.Suresh Kumar, Santhalayam, Venga, Sasthamcotta, Kollam-690521 with whom she has entered with an agreement. She sought permission for the same vide Ext.P5 dated 11.09.2023. This was responded by the Director of General Education finally by Ext.P8, requisiting the 1st petitioner to furnish certain details. This has been questioned before this Court by the appellant. 2. As seen from Ext.P8, the insistence on the details referred to therein has been sought in the context of Rule 5A of Chapter III of the Kerala Education Rules (for short 'the Rules'). No doubt, it is possible for the Director to seek such details while treating it as a composite application for WA No.362 of 2025 4 2025:KER:26647 granting or rejecting an approval under Section 6 of the Kerala Education Act (for short 'the Act') and Rule 5A. Section 6 of the Act insists that previous permission is required to alienate the property of an aided school. Rule 5A prescribe the procedure to be followed for changing Management involving ownership. If the Director of General Education is authorised to grant permission under Section 6(1) of the Act and he being the authority under Rule 5A, can seek such details to the purpose of granting permission under Section 6(1)of the Act as well as under Rule 5(A). 3. It is not clear from Ext.P8 that the furnishing of details was intended to apply for any application made under Section 6 of the Act. In such circumstances, we are of the view that the Director of General Education shall take a decision as to whether for the purpose of granting permission, details sought in Ext.P8 are required or not? If he is of the view that such details are required, the appellant shall furnish such details. If any of the details WA No.362 of 2025 5 2025:KER:26647 cannot be furnished, the appellant can state that, it cannot be furnished for any reasons known to her. Accordingly, modifying the impugned judgment, we dispose of the appeal with a direction to the 2nd respondent to take appropriate decision and intimate the appellant in regard to the requirements/compliances needed under Section 6 of the Act within three weeks and thereafter take a decision within further period of six weeks. Sd/- A.MUHAMED MUSTAQUE JUDGE Sd/- P. KRISHNA KUMAR JUDGE MJL WA No.362 of 2025 6 2025:KER:26647 APPENDIX OF WA 362/2025 PETITIONERS' ANNEXURES Annexure A1 TRUE COPY OF CIRCULAR NO.H1-111063/87 DATED 16.10.1987 ISSUED BY 2ND RESPONDENT. Annexure A2 TRUE COPY OF CIRCULAR NO.GEDN- F2/85/2021-G.EDN DATED 24.11.2021 ISSUED BY 1ST RESPONDENT. Exhibit P1 TRUE COPY OF GO(RT)NO.4826/2023/GEDN DATED 23.8.2023. Exhibit P2 TRUE COPY OF JUDGMENT IN WP(C)NO.24451 OF 2022 DATED 29.7.2022 OF THIS HON’BLE COURT. Exhibit P3 TRUE COPY OF JUDGMENT IN CON.CASE(C)NO.199 OF 2023 DATED 10.2.2023 OF THIS HON’BLE COURT. Exhibit P4 TRUE COPY OF JUDGMENT IN CON.CASE(C)NO.978 OF 2023 DATED 27.9.2023 OF THIS HON’BLE COURT. Exhibit P5 TRUE COPY OF THE LETTER DATED 11.9.2023 OF 1ST PETITIONER TO 2ND RESPONDENT. Exhibit P6 TRUE COPY OF LETTER NO.F4/10825/2023/DGE DATED NIL.9.2023 ISSUED BY 3RD/2ND RESPONDENT. Exhibit P7 TRUE COPY OF THE LETTER DATED 10.10.2023 SUBMITTED BY 1ST PETITIONER TO 2ND RESPONDENT. Exhibit P8 TRUE COPY OF LETTER NO.F4/17816/DGE DATED 6.11.2023 OF 3RD/2ND RESPONDENT (SIGNED BY 3RD RESPONDENT). WA No.362 of 2025 7 2025:KER:26647 Exhibit P9 TRUE COPY OF THE COUNTER AFFIDAVIT DATED 12.12.2023 FILED BY 3RD RESPONDENT IN WP(C)NO.6916 OF 2023. Exhibit P10 TRUE COPY OF THE COUNTER AFFIDAVIT DATED 12.12.2023 FILED BY 2ND PETITIONER HEREIN IN WP(C)NO.6916 OF 2023. Exhibit P11 TRUE COPY OF JUDGMENT IN WP(C)NO.6916 OF 2023 DATED 12.1.2024 OF THIS HON’BLE COURT. Exhibit P12 TRUE COPY OF JUDGMENT DATED 25.6.2024 IN CON.CASE(C)NO.1379 OF 2024 OF THIS HON’BLE COURT.