IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 13TH AUGUST 2010 / 22ND SRAVANA 1932 WP(C).No. 23411 of 2010(B) -------------------------- PETITIONER(S): --------------- THE CORPORATE MANAGER, DEVAMATHA CORPORATE EDUCATIONAL AGENCY OF CMI SCHOOLS, DEVAMATHA PROVINCIAL HOUSE, THRISSUR-680022. BY ADV. SRI.S.MUHAMMED HANEEF RESPONDENT(S): --------------- 1. THE DISTRICT EDUCATIONAL OFFICER, CHAVAKKAD, THRISSUR DISTRICT. 2. THE DISTRICT EDUCATIONAL OFFICER, THRISSUR. 3. THE ASSISTANT EDUCATIONAL OFFICER, CHERPU, THRISSUR DISTRICT. 4. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANATHAPURAM. 5. STATE OF KERALA, REP. BY ITS SECRETARY GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 6. JOHN ALEXANDER.A., UPSA, ST.JOSEPH UPS,PANGARAPPILLY, THRISSUR DIST-680586. GOVERNMENT PLEADER SRI.DILIP MOHAN-R1 TO R5 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.23411 OF 2010 -------------------------------------------- Dated this the 13th day of August, 2010 JUDGMENT The petitioner is the Corporate Manager of Devamatha Corporate Educational Agency of CMI Schools. This Writ Petition has been filed challenging Exts.P8 and P11 and also with a further prayer to issue a writ of mandamus commanding respondents 1 to 3 to approve the appointments of Headmasters in St.Joseph's H.S.S, Pavaratty, St.Aloysious H.S, Elthuruthu and Little Flower L.P.School Pavaratty. Ext.P8 is a letter of the first respondent requiring the petitioner to produce a copy of the order recognising minority status of the schools under the said educational agency. The aforesaid institutions belong to Devamatha Corporate Educational Agency of CMI Schools. As per Ext.P11, the second respondent required the petitioner to produce certificate from the National Commission for Minority Institutions. It is contended that the said order was issued at the instance of the sixth respondent. 2. In view of the order I propose to pass in this Writ petition I think notice need not be issued to the sixth respondent at this stage. The learned counsel appearing for the petitioner brought to my attention paragraph 3 of Ext.P3 judgment wherein it is stated: “It is admitted that W.P.(C) NO.23411/2010 2 the school concerned is a minority educational institution”. The sixth respondent herein was the petitioner therein and the school concerned was one among the schools under the Devamatha Corporate Educational Agency of CMI Schools. The said Writ Petition was disposed of with a direction to the second respondent herein to consider Ext.P7 appeal referred to therein after hearing the sixth respondent and the petitioner herein. Ext.P4 is the order passed therein by the second respondent herein. The argument of the petitioner regarding the minority status of the institutions has been upheld thereunder, it is submitted. Subsequently, the petition filed by the sixth respondent on 11.11.2008 came up for consideration before the Additional Director (Academic) Directorate of Public Instruction. As per Ext.P5 order dated 9.2.2009, the said petition dated 11.11.2008 was rejected. A perusal of the same would reveal that based on Ext.P2 order No.D.Dis/86284/91/ET4 dated 7.7.1992 it was held that the management has the right to appoint any person as Headmaster ignoring seniority in the feeder category as the management is a minority institution. The contention of the petitioner is that all the aforesaid documents were produced before the first and second respondents. It was without looking into the said documents that Ext.P8 and P11 letters have been issued to the petitioner requiring him to produce the certificate from the National Commission for Minority Institutions. W.P.(C) NO.23411/2010 3 3. Obviously, certain documents viz., Ext.P2 order, Ext.P3 judgment of this court and Ext.P5 were already produced before respondents 1 and 2. Since such documents are produced before respondents 1 and 2, they have a bounden duty to consider the said documents and pass orders on the petitions, if any, submitted by the sixth respondent with notice to the sixth respondent. They cannot be heard to contend that the minority status of the aforesaid schools belonging to the petitioner would be recognised only if a certificate from the National Commission for Minority Institutions is produced. The respondents 1 and 2 are therefore, directed to consider the question of approval of appointments of management of the petitioner on merits, after perusing the documents already produced by the petitioner before them. If the sixth respondent has raised any objection with respect to the appointment of Headmasters in the said schools, he shall also be afforded with an opportunity before taking decision on the question of their approval. This shall be done expeditiously, at any rate, within a period of six weeks from the date of receipt of a copy of this judgment. The Writ Petition is disposed of accordingly. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.23411/2010 4 C.T. RAVIKUMAR, J. W.P.(C). NO. /2010 JUDGMENT June, 2010 W.P.(C) NO.23411/2010 5