IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 1ST FEBRUARY 2008 / 12TH MAGHA 1929 OP.No. 18584 of 2001(K) ---------------------------------- PETITIONER: ------------------- J. SALEELA, WIFE OF J. SUNDARA DAS, AGED 51 YEARS, HIGH SCHOOL ASSISTANT (SANSKRIT), SAMUEL L.M.S. H.S, PARASALLA. BY ADV. SRI.V.RAJESH. RESPONDENTS: ------------------------ 1. SECRETARY TO GOVERNMENT GENERAL EDUCATION (A) DEPARTMENT, SECRETARIAT, GOVT. OF KERALA, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. THE DISTRICT EDUCATIONAL OFFICER, NEYYATTINKARA. 4. THE CORPORATE MANAGER, CHURCH OF SOUTH INDIA, SOUTH KERALA DIOCESE, L.M.S. COMPOUND, THIRUVANANTHAPURAM. 5. ISIAH THANKA BOSE, H.S.A., PRESENTLY WORKING AS HEADMISTRESS, L.M.S. TAMIL HIGH SCHOOL, PARASALLA. BY SR. GOVT. PLEADER SRI. BENJAMIN PAUL. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 01/02/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P. NO. 18584/2001-K: J U D G M E N T None appears for the petitioner. Though the Original Petition was admitted on 25/06/01, till date notice is not taken or served on the respondents for the reason that process fee paid is insufficient. Hence, I dismiss the Original Petition for non - prosecution. 01/02/2008. SD/- P.N.RAVINDRAN, JUDGE. ORDER ON C.M.P. NO. 29984/2001 IN O.P. NO. 18584/2001-K DISMISSED 01/02/2008. SD/- P.N.RAVINDRAN, JUDGE. //TRUE COPY// prv. S. SIRI JAGAN, J ............................................... O.P. No. 18584 of 2001 ................................................. Dated this the 9th day of October, 2009 J U D G M E N T This original petition was filed at a time when the petitioner was still in service, claiming promotion as Headmistress of the Samuel LMS High School, Parassala, in preference to the 5th respondent. The petitioner is senior to the 5th respondent. But the manager promoted the 5th respondent, who was a Tamil teacher apparently based on a Government Order relating to Government schools directing that in Tamil minority schools only Tamil teachers shall be appointed as Headmasters. After a series of litigation before the departmental authorities and this court, ultimately by Ext.P15 order, the Government held that the school was a minority school established and maintained by a minority community namely Church of South India and therefore the Manager of the school was entitled to appoint a person of his choice from among qualified teachers of the school as Headmaster. Therefore the 5th respondent being a person qualified to be appointed as Headmaster, his appointment was upheld. That is under challenge in this writ petition. O.P. No. 18584 of 2001 -2- 2. Although, the petitioner would dispute the status of the school as a minority institution, the fact that the school is established and maintained by the Church of South India is not disputed. Church of South India is a minority community. That being so, going by the Supreme Court decision on the subject, the school is entitled to appoint a qualified teacher of their choice as Headmaster regardless of seniority position. In the above view, I do not think that the petitioner's contention can be countenanced. Accordingly, the original petition is dismissed. S. SIRI JAGAN, JUDGE rhs