St. Mary’S College Manarcaud vs. State Of Kerala
Held
The High Court held that it is not within the jurisdiction of the Director of Collegiate Education or the High Court under Article 226 to decide the validity of meetings or elections of a Governing Body, as these are matters for a civil court of original jurisdiction. The Court directed the parties to pursue their remedies in the pending civil suits, where the issues of college management and Governing Body elections are already being litigated, and suggested exploring mediation.
Facts
St. Mary's College and its Manager challenged an order from the Director of Collegiate Education (Ext.P34) which concluded there was no valid Governing Body for the college and directed a status quo, prohibiting the filling of vacant posts. This order was issued following a High Court directive to re-examine the validity of the Governing Body and Manager amidst ongoing disputes. Petitioners claimed a new Governing Body was validly constituted through a bye-law amendment, while respondents disputed its legality, asserting these issues were pending before civil courts.
Key Issues
The key legal issue was whether the High Court, in its writ jurisdiction, or the Director of Collegiate Education, could determine the validity of a college's Governing Body and its bye-law amendments, especially when related civil suits were pending.
Sections Cited
Article 226
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI WEDNESDAY, THE 22ND DAY OF NOVEMBER 2023 / 1ST AGRAHAYANA, 1945 WP(C) NO. 16981 OF 2023 PETITIONERS: 1 ST. MARY'S COLLEGE MANARCAUD REPRESENTED BY THE MANAGER, MANARCAUD, MALAM P.O., KOTTAYAM, PIN - 686019 2 PRINCE ELIAS MANAGER, ST. MARY'S COLLEGE, MALAM, MANARCAD, KOTTAYAM - 686 019, RESIDING AT PAZHAYADATHUVAYALIL HOUSE, MALAM P.O, MANARCAD, KOTTAYAM, PIN - 686019 BY ADVS. ACHUTH KYLAS SANTHARAM.P R.MAHESH MENON SACHIN.P.K VARGHESE XAVIER SREEDEVI KYLASANATH REKHA ARAVIND P.G.GOKULNATH RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE SECRETARY, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 THE DIRECTOR OF COLLEGIATE EDUCATION OFFICE OF THE DIRECTOR OF COLLEGIATE EDUCATION, 6TH FLOOR, VIKAS BHAVAN, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM, PIN - 695033 3 THE DEPUTY DIRECTOR OF COLLEGIA
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