IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 27TH JULY 2009 / 5TH SRAVANA 1931 WP(C).No. 20930 of 2009(I) -------------------------- PETITIONER(S): --------------- M.V.VALSAMMA, HEADMISTRESS, HOLY FAMILY HIGH SCHOOL, KATTIPPARA, THAMARASSERY VIA., KOZHIKODE DIST. BY ADV. 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, GOVT. 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 G.P. SHRI A.J. VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 20930 of 2009-I - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of July, 2009. JUDGMENT The petitioner is presently working as Headmistress in Holy Family High School, Kattippura. She was promoted as Headmistress by order dated 5.6.2008, which is produced as Ext.P1. The District Educational Officer rejected the approval stating that the management has not produced any declaration of minority status of the schools of Thamarassery Diocese either from the Government or from the National Minority Commission. Ext.P2 is the said order. Even though an appeal was filed by the Manager before the third respondent, that was rejected as per Ext.P3 and against the same, the Manager has filed an appeal as Ext.P4, before the second respondent Director of Public Instruction which is pending. 2. The school in question is one established by the 5th respondent, viz. Diocese of Thamarassery. The petitioner is relying upon Ext.P5 judgment of a Division Bench of this Court as well as an earlier judgment of the Apex Court in Ammad v. Emjay High School (1998 (2) KLT 828) to contend for the position that there is no requirement of getting minority status declared for exercising the fundamental right by the management. wpc 20930/2009 2 3. The petitioner is relying upon Ext.P6, an order passed by the Deputy Director of Education in a similar appeal, wherein the approval was granted after noticing that the minority status of the Diocese of Thamarassery was already established. 4. There will be a direction to the second respondent to consider and pass orders on Ext.P4 with notice to the 5th respondent and the petitioner, within a period of two months from the date of receipt of a copy of this judgment. While considering the appeal, the dictum laid down in Ext.P5 judgment and the effect of the findings in Ext.P6 will be considered by the second respondent. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/