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TMI Blog2002 (1) TMI 1338X X X X Extracts X X X X X X X X Extracts X X X X ..... course. Hamsa Haji did not recover from his illness and he died on 16-3-1993 and thereafter the petitioner continued to be Manager of the school without any opposition from the other legal representatives of the deceased Hamsa Haji and according to the petitioner, he is still continuing as the Manager of the School. 2. After the death of Moideenkutty, the younger brother of the petitioner, all the legal representatives of the deceased Hamsa Haji including the petitioner, the fifth respondent and the wife of the deceased Moideenkutty for herself and representing her minor children executed Exhibit R5(b) agreement. The petitioner signed the above agreement as the first party. As per the above agreement, the petitioner as well as all the other legal representatives of the deceased Hamsa Haji decided to retain the school and the premises as common till the school and the compound are disposed of by sale and that the petitioner shall continue as the Manager of the school and all decisions regarding the administration of the school shall be taken collectively by all the legal representatives of the deceased Hamsa Haji, that the petitioner has to account for the income and expenditure ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... P12 representation made by the petitioner before the Government. 3. Heard the learned counsel for the petitioner, the fifth respondent and the also the learned Government Pleader. 4. Admittedly, the KHMH school and the premises belonged to the deceased Hamsa Haji and he was the Individual Educational Agency and the Manager of the school till his death. The fifth respondent is the wife of the deceased Hamsa Haji. Deceased Hamsa Haji had 9 daughters and 2 sons. The petitioner is the eldest son. The second son died after the death of Hamsa Haji. During 1988 deceased Hamsa Haji had proceeded for Haj and during his absence he authorised the petitioner to be the Manager of the school to perform the duties of the Manager. The above authorisation was approved by the Educational Authority as per Exhibit P2 proceedings. Exhibit P2 proceedings would clearly indicate that the approval of the petitioner as the Manager of the school was temporary and it was during the absence of deceased Hainsa Haji. Later, in 1993 deceased Hamsa Haji fell ill and he authorized the petitioner to be the Manager during the period of his illness and till he recovers. By Exhibit P3 order the Educational Autho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... party whose consent is so obtained. As such the agreement alleged to have been executed by threat, fraud, coercion or for is not a void agreement and it cannot be ignored by the petitioner. It is settled law that the party challenging the contract on the grounds of fraud, coercion or threat has to get the contract set aside by filing a civil suit and he cannot ignore the document as a void one. If the petitioner was aggrieved by the above agreement, he had to file a suit and get the document set aside. Till it was not set aside by appropriate proceedings before any Civil Court, it shall be a valid document and he shall be bound by the terms of the document and the petitioner cannot ignore the same and raise the contention that the document is not binding on him. As the petitioner did not opt to file any suit challenging Exhibit R5(b), he is bound by the terms of the agreement till the document is set aside by any competent Civil Court. Thus, the petitioner was functioning as the Manager of the school as consented by all the other legal representatives of the deceased. As the document would reveal that the majority decision should be binding on all the legal representatives of the d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Individual Educational Agency and by the death of Hamsa Haji, the status of Individual Educational Agency would cease and all the legal representatives would jointly constitute a Corporate Educational Agency and till a bye-law had been framed for the administration of the Corporate Management and it was approved by the Educational Authority, the petitioner cannot be removed from the Managership. Though such an argument was advanced by the learned counsel for the petitioner, he could not substantiate the above contention. When the Individual Educational Agency, namely, Hamsa Haji, died, the right over the school and the right of Management devolved on all the legal representatives of the deceased in accordance with their personal law of inheritance and the character of the Educational Agency as Individual Educational Agency would not terminate by the death of the Individual Agency. 8. Chapter III, Rule 1 of KER deals with the classification of Private Educational In stitution. Rule 1 says : Private Educational Institutions may be classified into two categories viz. (1) those under individual Educational Agency and (ii) those under Corporate Educational Agency. When the rig ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... law. By the death of Hamsa Haji the character of Individual Educational Agency did not cease, but it would continue and it would be open for all the legal representatives of deceased Hamsa Haj! to treat the school and the Management as common and to nominate or appoint one of the legal heirs as the Manager. Here, all the legal representatives had decided to treat the school as common by Exhibit R5(b) agreement and later all of them, except the petitioner, decided to convert the Management to a Corporate one by Exhibit R5(g) Constitution. Till Exhibit R5(g) document is approved by the competent authorities and treated it as a Corporate Educational Agency, the Management shall be deemed to be an Individual Educational Agency and the Management of the school shall be subject to the majority decision of the legal representatives as stipulated in Exhibit R5(b) agreement. It is for the legal representatives to decide whether the Management of the school should be continued as an Individual Educational Agency or be converted into a Corporate Educational Agency by agreement among them. Hence, the argument advanced by the learned counsel for the petitioner that by the death of Hamsa Haji. t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... petitioner that the fifth respondent was a chronic patient and one of her legs had been amputated and she was physically incapable of running the school. Even if one of her legs has been amputated, she can very well manage the administration of the school if she is mentally capable of managing the affairs of the school. There is no allegation that she is mentally unfit to manage the school. The physical ailment, namely amputation of a leg, is not a matter to disqualify her to be the Manager of the school. Hence, the above argument also cannot be accepted. 12. All the legal heirs of the deceased Hamsa Haji except the petitioner had decided to appoint the fifth respondent as the Manager of the school in accordance with Exhibit R5(g) agreement to which the petitioner was also a party and the third respondent had approved the fifth respondent as the Manager of the school. The Appellate Authority as well as the first respondent had considered the above appointment and concurrently found that there was no reasons for interfering with the above appointment. Hence, I find no reasons to interfere with those orders and as such this petition has only to be dismissed. 13. Petitioner, wh ..... X X X X Extracts X X X X X X X X Extracts X X X X
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