IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 6TH MARCH 2009 / 15TH PHALGUNA 1930 WP(C).No. 31554 of 2006(F) -------------------------- PETITIONER(S): --------------- THE MANAGER, SACRED HEART COLLEGE, THEVARA, KOCHI-682 013. BY ADV. SRI.KURIAN GEORGE KANNAMTHANAM, SENIOR ADVOCATE RESPONDENT(S): --------------- 1. MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS REGISTRAR, KOTTAYAM. 2. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, ERNAKULAM. 3. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. R2 & R3 BY GOVERNMENT PLEADER SHRI. NOBLE MATHEW SRI. T.A. SHAJI, SC, M.G.UNIVERSITY FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF APPOINTMENT ORDER DT.20.3.04 ISSUED BY THE PETITIONER. EXT.P2 COPY OF ORDER DT. 20.3.2004 ISSUED BY DO. EXT.P3 DO. DT.7.2.2004 OF ACADEMIC BILL SECTION OF M.G. UNIVERSITY. EXT.P4 COPY OF CIRCULAR DT.28.2.04 ISSUED FROM THE 1ST RESPONDENT. EXT.P5 COPY OF ORDER DT.11.3.2005 OF ACADEMIC II SECTION OF 1ST RESPONDENT. EXT.P6 COPY OF LETTER DT. 13.4.05 ISSUED FROM THE PETITIONER. EXT.P7 COPY OF REPRESENTATION DT.15.2.2006 ISSUED FROM DO. EXT.P8 COPY OF ORDER DT.28.2.06 OF ACADEMIC B II SECTION OF M.G. UNIVERSITY. EXT.P9 COPY OF COMMUNICATION DT.21.8.06 ADDRESSED TO THE PETITIONER. EXT.P10 COPY OF REPLY DT.1.9.06 SENT TO THE 1ST RESPONDENT BY THE PETITIONER. EXT.P11 COPY OF ORDER DT.20.10.06 OF THE ACADEMIC B II SECTION OF THE 1ST RESPONDENT. EXT.P12 COPY OF CONSENT LETTER DT.1.10.2006 SENT TO THE 1ST RESPONDENT BY THE PETITIONER. EXT.P13 COPY OF CIRCULAR NO.AC.B1/1845/DDO/06 DT.2.11.2006 ISSUED BY THE 1ST RESPONDENT. EXT.P14 COPY OF CIRCULAR NO.A1-9431/2006 DT.8.11.1006 ISSUED BY THE 2ND RESPONDENT. EXT.P15 TRUE COPY OF THE ORDER DT.23.1.2008 IN WA 186/2008. /TRUE COPY/ K. BALAKRISHNAN NAIR & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C).No. 31554 of 2006 F - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of March, 2009 JUDGMENT Balakrishnan Nair, J. The petitioner is the Manager of Sacred Heart College, Thevara. The Educational Agency of that College is C.M.I. Congregation, under the Catholic Church. So, the Educational Agency is entitled to get protection under Article 30(1) of the Constitution of India, it is submitted. 2. The petitioner has appointed Fr.Saviance A.J. C.M.I., a Selection Grade Lecturer of the College, as Principal on 20.3.2004, as per Ext.P1 order. He has been appointed as the Drawing and Disbursing Officer as per Ext.P2. Though initially approval was granted for Ext.P2, now it is insisted that his appointment as Drawing and Disbursing Officer can be approved, if only it is certified that he is the senior most teacher in the College. In the above background, this Writ Petition is filed, seeking appropriate reliefs. W.P.(C).No. 31554 of 2006 2 3. The petitioner also challenged the Circulars, as per which it is ordered that only the senior most teacher can function as Drawing and Disbursing Officer. The petitioner also prays for a mandamus to the Mahatma Gandhi University to consider the approval of appointment of the aforementioned teacher, made as per Ext.P1. 4. We heard the learned Standing Counsel for the University as also the learned Government Pleader for respondents 2 and 3. 5. Even in the matter of appointment of Drawing and Disbursing Officer or appointing a teacher in charge of the post of Principal in the absence of a regular Principal, the minority educational Institution has the liberty to choose a junior hand. This right is flowing from Article 30(1) of the Constitution of India. This right has already been upheld by a Divisional Bench of this Court as early as in 1979, in O.P.No. 982 of 1977. We are in respectful agreement with the view taken in that judgment. 6. In view of the above position, the first respondent University is directed to pass final orders on the claim of the petitioner, for approval of appointment of the Principal made as per Ext.P1, in W.P.(C).No. 31554 of 2006 3 accordance with law, within three months from the date of production of a copy of this judgment. The respondents are directed to treat the appointee under Ext.P1 as Drawing and Disbursing Officer and also as Principal-in-charge, till the University takes a decision on the approval of his appointment. 7. The Writ Petition is allowed as above. (K. BALAKRISHNAN NAIR) Judge (M.L. JOSEPH FRANCIS) Judge tm