IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 27TH MAY 2009 / 6TH JYAISHTA 1931 WP(C).No. 17534 of 2008(K) ----------------------------------------- PETITIONER(S): ------------------------- C.ASHOK KUMAR, ,U.P.ASSISTANT, ANWARUL ULOOM AIDED U.P.SCHOOL, NELLIKKUNNU, P.O. KASARGOD.,KASARGOD DISTRICT. BY ADV.MR.KALEESWARAM RAJ RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS,THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, KASARGOD. 4. THE DISTRICT EDUCATIONAL OFFICER, KASARGOD. 5. THE ASSISTANT EDUCATIONAL OFFICER, KASARGOD EDUCATIONAL SUB DISTRICT, KASARGOD. 6. THE MANAGER, ANWARUL ULOOM AIDED U.P.SHCOOL, NELLIKKUNNU,KASARGOD DISTRICT. 7. A.K.MOHAMMEDKUTTY, U.P.S.A,ANWARUL ULOOM AIDED U.P.SHCOOL, NELLIKKUNNU,KASARGOD DISTRICT. R1 TO R5 BY GOVERNMENT PLEADER SMT. T.B.REMANI R6 & R7 BY ADVS. MR.V.A.MUHAMMED, MR.K.E.HAMZA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.17534/2008 K APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ORDER DTD. 28/04/2005. P2: COPY OF THE REPRESENTATION DTD. 17/05/2005 FILED BY THE PETITIONER BEFORE THE AEO. P3: COPY OF THE JUDGMENT DTD. 1/06/2005 IN WPC.NO.16398 OF 2005. P4: COPY OF THE ORDER DTD. 4/07/2005. P5: COPY OF THE APPEAL FILED BY THE PETITIONER UNDER CHAPTER XIVA RULE 44 (3) OF KER. P6: COPY OF THE REVISION PETITION FILED BY THE PETITIONER UNDER RULE 92 OF CH.XIVA KER. P7: COPY OF THE JUDGMENT DTD. 25/07/2005 IN WPC.NO.22020/2005. P8: COPY OF G.O.(RT)526/2008 DTD. 29/01/2008. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.17534 of 2008-K - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of May, 2009. JUDGMENT The petitioner is working as U.P.S.A. in the school managed by the 6th respondent. The dispute is regarding the right for promotion as Headmaster between the petitioner and the 7th respondent. The challenge is against ExtsP4 and P8 by which the statutory authority and the Government have upheld the promotion granted by the school to the 7th respondent, especially since the school is established by a religious minority community. 2. Mainly it is contended by the petitioner that without a formal declaration by the department, minority status cannot be claimed by the school. That point is covered against the petitioner in view of the decision of a Division Bench of this court in W.A. No.280/2008 and by the decision of the Apex Court in St. Berkman's College, Changanassery and others v. Principal Secretary to Government, Higher Education Department and others (2009 (2) KHC 41). In the light of the above, the writ petition fails and the same is dismissed. (T.R. Ramachandran Nair, Judge.) kav/