IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 22ND MARCH 2011 / 1ST CHAITHRA 1933 WP(C).No. 35574 of 2009(N) --------------------- PETITIONER : --------------------- K.M.THRESIAMMA, HEADMISTRESS, MARYGIRI HIGH SCHOOL, MARANCHATTY, VIA. KOOMBARA, KOZHIKODE DISTRICT. BY ADVS. SRI.P.J.MATHEW SRI. K.B. ARUNKUMAR RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE. 4. THE DISTRICT EDUCATIONAL OFFICER, THAMARASSERY, KOZHIKODE DISTRICT. 5. THE CORPORATE MANAGER, THE CORPORATE EDUCATIONAL AGENCY, DIOCESE OF THAMARASSERY, KOZHIKODE DISTRICT. R1 TO R4 BY GOVT. PLEADER SMT. M.R. SREELATHA R5 BY ADVS. SRI.SIBY MATHEW SRI. PHILIP J. VETTICKATTU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 35574 of 2009(N) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE APPOINTMENT ORDER DATED 16.5.2008. EXT.P2 : COPY OF THE ORDER OF THE 4TH RESPONDENT DATED 4.12.2008. EXT.P3 : COPY OF THE ORDER OF THE 3RD RESPONDENT DATED 5.6.2009. EXT.P4 : COPY OF THE APPEAL PETITION DATED 25.6.2009. EXT.P5 : COPY OF THE JUDGMENT IN WP(C) NO. 20976/2009 (N). EXT.P6 : COPY OF THE ORDER DATED 15.10.2009. EXT.P7 : COPY OF THE ORDER OF THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE DATED 11.11.2002. EXT.P8 : COPY OF THE LETTER ISSUED UNDER THE RIGHT TO INFORMATION ACT BY THE STATE PUBLIC INFORMATION OFFICER DATED 15.9.2009. EXT.P9 : COPY OF THE GOVERNMENT LETTER NO. 17541/06 G.EDN DATED 27.9.2006. EXT.P10 : COPY OF THE ORDER OF THE NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS DATED 13.7.2010. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.S. TO JUDGE Mn T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.35574 Of 2009 ----------------------------------------------------- DATED THIS THE 22nd DAY OF MARCH, 2011 J U D G M E N T The petitioner is the Headmistress of Marygiri High School, Maranchatty, Kozhikode District. The approval of appointment of the petitioner was rejected for the reason that the 5th respondent has not produced any declaration of minority status to the schools of Thamarasery Diocese either from the Government or from the National Minority Commission. Exhibit P2 is the said order. The same is confirmed as per Exhibit P3 order by the 3rd respondent and Exhibit P6 order by the Director of Public Instructions. 2. Along with I.A.No.4955/11, the petitioner has produced Exhibit P10, the proceedings of the National Commission for Minority Educational Institutions, wherein the Commission has passed an order in respect of various institutions including the school in question conferring minority status within the meaning of Section 2(g) of National Commission for Minority Educational Institutions Act, 2004. W.P.(C)No.35574/09 -2- 3. In the light of the above, if the petitioner or the Manager produces Exhibit P10 proceedings (it is submitted by the learned counsel for the petitioner that the same has been produced already) before the District Educational Officer, the District Educational Officer will pass fresh order after hearing the petitioner and the Manager within a period of one month from the date of receipt of a copy of this judgment. It is pointed out that the petitioner is attaining superannuation on 31.3.2011. For enabling the District Educational Officer to pass appropriate order, Exhibits P2, P3 and P6 are quashed. The Writ Petition is disposed of as above. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn