IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 8TH DECEMBER 2009 / 17TH AGRAHAYANA 1931 WA.No. 1356 of 2005() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.2938/2005 Dated 10/02/2005 .................... APPELLANT(S): PETITIONER: ------------------------- P.P.MOHAMMED YESEEN, AGED 53 YEARS, S/O. MOHAMMED KUTTY, MANAGER, VISWAVIDYALAYAM U.P. SCHOOL, CHENNARA (OWNED BY MOULANA EDUCATIONAL CHARITY TRUST, TIRUR SUB DISTRICT, MALAPPURAM DIST BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): RESPONDENTS: --------------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM-14. 3. THE DISTRICT EDUCATIIONAL OFFICER, TIRUR, MALAPPURAM DISTRICT. 4. THE ASSISTANT EDUCATIONAL OFFICER, TIRUR, MALAPPURAM DISTRICT. 5. SRI.GEORGE GEORGE, TEACHER-IN-CHARGE, V.V.U.P. SCHOOL, CHENNARA, MALAPPURAM DISTRICT. 6. SRI.V.ASKAR ALI, HEADMASTER, VISWAVIDYALAYAM U.P.SCHOOL, CHENNARA (ON DEPUTATION AS CLERK IN THE O/O. THE HON'BLE MINISTER FOR EDUCATION, TRIVANDRUM). G.P. SRI.P.K.BABU FOR R1 TO 4 ADV. SRI.V.RAJENDRAN (PERUMBAVOOR) FOR R5 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. .................................................................... Writ Appeal No.1356 of 2005 .................................................................... Dated this the 8th day of December, 2009. JUDGMENT Ramachandran Nair, J. Writ Appeal is filed by the Manager of a School claiming minority status for the School for the purpose of appointment of Headmaster of their choice. In fact, challenge is against the appointment of 5th respondent as Headmaster whose claim was upheld by the Government as he was a graduate, while the Headmaster appointed by the appellant was an undergraduate. Writ Petition was filed four years back and it is not known whether the person appointed by the appellant is still in service. In any case since the person appointed as Headmaster by the appellant has no grievance against the appointment of the qualified person as Headmaster, we do not think 2 the Manager has any right to challenge it. Consequently we uphold the judgment of the learned Single Judge and dismiss the Writ Appeal. C.N.RAMACHANDRAN NAIR Judge V.K.MOHANAN Judge pms