Management Circular

Dear Parents;

MES was established in the year 1964 with the object to work for the educational, social, cultural and economic advancement of the people of India in all possible ways. With the above object MES is engaged in establishing and running educational institutions throughout the State for dissemination of quality education especially to the weaker sections of the society.

MES is managing FACT Eastern UP School and MES Udyogamandal School on the basis of a Leave and License agreement dated 22.03.2004, entered into with the FACT for the last 17 years. Original agreement period was 15 years ending with 31.3.2019. At the time of entering in to the agreement dated 22.03.2004, FACT assured to extend the term of license for a further period of 15 years on expiry of the original period of 15 years. As per clause 4 of the said agreement FACT had agreed to extend the period of license for a further period of 15 years on such mutually agreed terms and conditions. Therefore on 22.11.2018 ie before the expiry of the original period of 15 years, MES invoked the option available under Clause 4 of the said agreement for the extension of license for a further period of 15 years. Conceding to the demand for the renewal of agreement by invoking clause 4 of the Leave and License agreement dated 22.03.2004; FACT convened a Chief General Manager level meeting with representatives of the MES during December 2018. For that FACT constituted a committee on 18.12.2018 to explore the terms and conditions on which the Leave and License agreement dated 22.03.2004 in respect of the Udyogamandal School can be renewed. 1) Sri. A.S Kesavan Nampoori, CGM (UC), 2) Sri. R Krishnan DGM (Admn), 3) Sri Dileep Mohan AGM (LF) are the representatives from the side of the FACT. Said Committee held a joint meeting with the representatives of the MES on 20.12.2018 in the office of Sri. A.S Kesavan Nampoori CGM (UC), at Udyogamandal Complex and considered the various terms and conditions for the renewal of the Leave and License agreement dated 22.03.2004 for a further period of 15 years. The said committee recorded the minutes of the meeting in which various suggestions from the side of the FACT and MES regarding the terms and conditions for renewal of license and mutually agreed terms and conditions for the renewal of the Leave and License for a further period of 15 years.

Thereafter without stating any reasons and in utter disregard of its contractual obligation under Clause 4 of the agreement with the MES, FACT invited tenders for handing over the management of the above two schools to third parties. There upon the MES was constrained to approach the Honourable Munsiff’s Court, N. Paravor by filing O.S.No.134/2019 for enforcing our right under clause for the agreement dated 22.03.2004.Said suit is still pending before the Munsiff’s court.

Mean while the FACT issued an order of eviction under the Public Premises Act 1971. Against the said order MES filed appeals, A.S.70/2019 and A.S.No.71/2019 before the Honourable District Court, Ernakulam. Along with the said appeals, MES had also filed an application for an order staying the implementation of the eviction order passed by the FACT. District Court dismissed the said stay petition. Against the dismissal order in the stay petition, MES filed O.P.No.1770/2019 before the Honourable High Court. The Honourable High Court allowed O.P.No.1770/2019, filed by the MES and stayed the implementation of the eviction order passed by the FACT. Thereafter the FACT filed applications in A.S.70/2019 and A.S.No.71/2019 to withdraw the eviction order. Thereafter FACT again passed eviction orders against the MES under Public Premises Act 1971. Against the said eviction orders MES preferred C.M.A.No. 45 / 2020 and 46/2020, before the District Court, Ernakulam. District Court Ernakulam dismissed the said CMAs. Immediately on dismissal of the above CMAs, by taking undue advantage of the present Covid -19 Pandemic situation and absence of Physical classes, FACT without even serving a notice on MES over locked the entrance gate of the school premises. Against the judgments in C.M.A.No. 45 / 2020 and 46/2020 MES has already filed a CRP.No.379/2020 and a Writ Petition (C) before the Honourable High Court. FACT might have apprehended that the Honouarble High Court may stay the Judgment in CMAs. That may be reason that prompted the FACT to over lock the gate without even giving a notice to MES. FACT had already entered appearance in the above said CRP and W.P (C).

Udyogamandal School is an ICSE affiliated school. Affiliation of the school is in the name of MES. As per the present rules and regulations regarding the ICSE affiliation and the terms of the alleged license arrangement between the FACT and Kasturba English Medium Trust, there is no chance to get ICSE affiliation in their name. As per the present Rules regarding ICSE affiliation, the education agency must be either the owner of the School premises or must have a registered lease for a minimum effective term of 5 years with an option to renew it for a further minimum period of 30 years. The agreement alleged to have been entered in to between the FACT and Kasturba English Medium Trust is neither a lease nor a registered one. The period of license is also no sufficient to get the affiliation in their name.

MES is very much concerned with the future of our students. The stand now taken by the FACT is quite unfortunate and painful. We are giving the above details so as to enable all of you to verify the truth. The eviction order passed by the FACT has not become final. Said order is under challenge before the Honourable High Court. Validity of the transactions if any between the FACT and Kasturba English Medium Trust is subject to the final judgment in CRP and W.P (C). Meanwhile; please take care not to be defrauded by the false propaganda of others. MES is committed to protect the interest of our students at any cost.

 

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