IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 14TH JULY 2008 / 23RD ASHADHA 1930 WA.No. 1557 of 2005() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.4366/2005 Dated 08/02/2005 .................... APPELLANT/PETITIONER IN W.P.(C).4366/05: ----------- V.P.RAJESWARI, RETIRED L.P.S.A SREE COCHIN GUJARATHI VIDYALAKA U.P.SCHOOL, MATTANCHERRY, KOCHI-2, NOW RESIDING AT ASHA NIVAS, MUNDAKKAL, RAILWAY STATION ROAD, TRIPUNITHURA. BY ADV. SRI.T.S.RADHAKRISHNA PILLAI SRI.T.R.RAJEEV RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DISTRICT EDUCATIONAL OFFICER, ERNAKULAM. 3. THE ASSISTANT EDUCATIONAL OFFICER, MATTANCHERRY. 4. THE MANAGER, SHRI COCHIN GUJARATHI VIDYALAYA U.P.SCHOOL, MATTANCHERRY. 5. SMT.B.USHA KUMARI, HEADMISTRESS SRI COCHIN GUJARATHI VIDYALAYA U.P.SCHOOL, MATTANCHERRY. BY GOVERNMENT PLEADER SRI.V.A.MUHAMMED FOR R5 SRI.K.E.HAMZA FOR R5 SRI.P.C.SASIDHARAN FOR R4 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 14/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & P.N.RAVINDRAN, JJ. ------------------------------- W.A.NO.1557 OF 2005 (A) ----------------------------------- Dated this the 14th day of July, 2008 J U D G M E N T KOSHY,J. Appellant is a retired L.P.S.A. of the 4th respondent. She retired from service on superannuation on 31.3.2005. She was the senior most U.P.S.A. due for promotion to the post of Headmistress. But disregarding the seniority, the 5th respondent was appointed. Against this, the petitioner filed O.P.No.11493/2003 before this Court. Fourth respondent is a linguistic minority School. The learned Single Judge found that in view of the decisions of the Apex Court in Aldo Maria Patroni v. E.C.Kesavan (1964 KLT 791) and N.Ammed v. Emjay High School (1998 (2) KLT 828 (SC)), the minority school need not appoint the senior most teacher as the Head Master as a matter of routine. These decisions were also followed by the Division Bench in Prasad v. Philipose Mar Dilshus U.P.School (2005 (3) KLT 487). Recently W.A.1557/05 2 Supreme Court in Secretary, Malankara Syrian Catholic College v. T.Jose and others ((2007) 1 SCC 386) approved the above principle in the matter of appointment of a Principal in a College run by minority community. In the above circumstances, the matter is covered by the Apex Court decisions, and therefore, we dismiss this appeal. J.B.KOSHY, JUDGE P.N.RAVINDRAN, JUDGE prp J.B.KOSHY & P.N.RAVINDRAN, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 26th May, 2008