IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 22ND AUGUST 2011 / 31ST SRAVANA 1933 WP(C).No. 16674 of 2011(H) ---------------------------------------- PETITIONER(S): ------------------------ JOY.M.UTHIRAKULAM, HEADMASTER, I.C.U.P.SCHOOL, POOZHITHODE, POOZHITHODE P.O., PERUMANNAMOOZHI VIA., KOZHIKODE DISTRICT. BY ADV. SRI.P.J.MATHEW SRI.THOMAS JOHN AMBOOKEN RESPONDENT(S): --------------------------- 1. THE STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM-695 001. 3. THE DISTRICT EDUCATIONAL OFFICER, THAMARASSERY, KOZHIKODE DISTRICT.PIN-673 573 4. ASSISTANT EDUCATIONAL OFFICER, PERAMBRA, KOZHIKODE DISTRICT.PIN-673 525 5. THE CORPORATE MANAGER, THE CORPORATE EDUCATIONAL AGENCY, DIOCESE OF THAMARASSERY, KOZHIKODE DISTRICT.PIN-673 573 R1 TO R4 BY GOVERNMENT PLEADER SMT.RANI DIOTHIMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.16674/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE APPOINTMENT ORDER ISSUED BY THE 5TH RESPONDENT DATED 31/03/2009. P2 COPY OF THE REPLY LETTER TO THE 4TH RESPONDENT BY THE MANAGER DATED 24/08/2009. P3 COPY OF THE ORDER OF THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE DATED 11/11/2002. P4 COPY OF THE ORDER OF AEO PERAMBRA DATED 19/08/2009. P5 COPY OF THE ORDER OF THE 3RD RESPONDENT DATED 24/11/2009. P6 COPY OF THE DECLARATION OF THE NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS DATED 13/07/2010. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.16674/2011-H ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 22nd day of August, 2011 J U D G M E N T The petitioner was appointed as Headmaster of I.C.U.P School, Poozhithode, of which the fifth respondent is the Corporate Manager, in a retirement vacancy with effect from 01/04/2009 as per Ext.P1 order. 2. It appears that when the approval was sought for, the fourth respondent declined the same as per Ext.P4, for the reason that the Manager has not produced the seniority list of teachers. It is pointed out by the learned counsel for the petitioner that the appointment was made in the light of the minority right conferred under Article 30 of the Constitution of India. Against Ext.P4 order, the Manager filed an appeal before the third respondent and the appeal was also rejected for the reason that the Manager has not produced the proceedings showing the confirmation of the minority status. Ext.P6 is the proceedings of the National Commission for Minority Educational Institutions dated 13/07/2010 showing the details of W.P.(C). No.16674/2011 -:2:- the schools coming under the Minority Educational Institutions. Therein, item No.34 is the school in question, namely, Immaculate Conception Upper Primary School, Poozhithode, Kerala. 3. What is evident from Ext.P6 is that the Commission was satisfied that the schools mentioned in the list are minority educational institutions within the meaning of Section 2(g) of the National Commission for Minority Educational Institutions Act, 2004. Accordingly, a declaration has been granted that the schools mentioned therein are Minority Educational Institutions covered under Article 30 of the Constitution of India. 4. The learned counsel for the petitioner, therefore, prays today for a direction to the Assistant Educational Officer to consider the same and pass appropriate orders with regard to the approval of appointment of the petitioner. 5. Evidently, Ext.P5 order passed by the Appellate Authority is mainly for the reason that the proceedings showing the minority status has not been produced. W.P.(C). No.16674/2011 -:3:- 6. Since the school has already obtained minority status, Exts.P4 and P5 orders stand quashed. There will be a direction to the Assistant Educational Officer to consider the claim of the petitioner for approval of appointment, on the petitioner or the Manager producing proper copy of Ext.P6, if not already produced, within a period of two months from the date of receipt of a copy of this Judgment. The Manager will make available the seniority list also. The writ petition is, accordingly, disposed of. No costs. (T.R. Ramachandran Nair, Judge.) ms