The Kerala High Court has ruled that state government approval is a mandatory prerequisite before the ownership or management rights of aided school property can be transferred or sold. The ruling was made by a Division Bench while addressing an appeal involving a lower primary school in Manjeri.
The court’s decision emphasized the legal requirement under Section 6 of the Kerala Education Act and Rule 5A of Chapter III of the Kerala Education Rules (KER), which prohibit the alienation of school property without prior authorization from the State or an appointed official.
Background of the Case
The judgment came after a group of teachers challenged a single bench order that had set aside a government directive denying approval to a newly appointed manager. This manager had been nominated by a buyer who had recently acquired ownership of the school. However, the Kerala government had declined to approve this appointment on the grounds that a third party without legal sanction could not assume the role of manager in a government-aided institution.
The appellants argued that since the new owner, N. Sidrathul Munthaha, had acquired the property without seeking prior approval from the government, the entire transaction was null and void under Section 6(3) of the Kerala Education Act.
Court’s Decision
The Division Bench, agreeing with the teachers’ appeal, held that the sale and transfer of aided school properties without state sanction was legally invalid. The court also directed the Kerala government to reassess the case by following the stipulated legal provisions, reinforcing that government oversight is essential to protect the integrity and function of public education institutions.
Legal Significance
This verdict highlights the judiciary’s stance on safeguarding educational assets and ensuring transparency in the management of aided schools. It reiterates that private transactions involving public institutions must adhere strictly to the regulatory framework to avoid exploitation or mismanagement.