IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 31ST MARCH 2011 / 10TH CHAITHRA 1933 WP(C).No. 35611 of 2009(V) --------------------------------------- PETITIONER: ------------------- M.V.VALSAMMA, HEADMISTRESS, HOLY FAMILY HIGH SCHOOL, KATTIPPARA, THAMARASSERY VIA., KOZHIKODE DISTRICT. BY ADVS. SRI.P.J.MATHEW, SRI.K.B.ARUNKUMAR. RESPONDENTS: ------------------------ 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 SR. GOVERNMENT PLEADER SRI. T.T. MUHAMOOD, R5 BY ADVS. SRI.SIBY MATHEW, SRI.PHILIP J.VETTICKATTU. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/03/2011, ALONG WITH W.P.(C). NO. 36822 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.35611/2009-V: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE APPOINTMENT ORDER DTD. 05/06/2008. EXT.P.2: COPY OF THE ORDER OF THE R.4. DTD. 01/12/2008. EXT.P.3: COPY OF THE R.3. DTD. 13/04/2009. EXT.P.4: COPY OF THE APPEAL PETITION DTD. 04/05/2009. EXT.P.5: COPY OF THE JUDGMENT IN W.P.(C).NO.20930/2009-I. EXT.P.6: COPY OF THE ORDER NO.EM 3/33314/09/DPI-K. DIS. DTD. 15/10/2009. EXT.P.7: COPY OF THE ORDER OF THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE DTD. 11/11/2002. EXT.P.8: COPY OF THE LETTER ISSUED UNDER THE RIGHT TO INFORMATION ACT BY THE STATE PUBLIC INFORMATION OFFICER DTD. 15/09/2009. EXT.P.9: COPY OF THE GOVERNMENT LETTER NO.17541/06 G. EDN. DTD. 27/09/2006. EXT.P.10: COPY OF THE ORDER OF THE NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS DTD. 13/07/2010. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. T.R. RAMACHANDRAN NAIR, J. --------------------------------------------- W.P.(C) Nos.35611 & 36822 OF 2009 --------------------------------------------- Dated this the 31st day of March, 2011. J U D G M E N T In both the writ petitions, the petitioners challenge the non- approval of appointment of Headmistress in the respective schools. Mainly the approval was not granted for non production of the certificates showing the minority status of the school. 2. In W.P.(C) No.35611/2009, the petitioner has produced along with I.A.No.5534/2011, Ext.P10 the proceedings of the National Commission for Minority Educational Institutions. It is stated that the school in question has also been granted the declaration as Minority Educational Institution within the meaning of Section 2(g) of the National Commission for Minority Educational Institutions Act, 2004. In W.P.(C) No.36822/2009, along with I.A.No.5532/2011, copy of the proceedings of the National Commission for Minority Educational Institutions has been produced as Ext.P11. Therein also the school has been granted the minority status. W.P.(C) Nos.35611 & 36822/09 2 In the light of the above, the impugned orders are quashed. There will be a direction to the District Educational Officer to reconsider the matter in the light of the proceedings of the National Commission for Minority Educational Institutions. The petitioners will produce a copy of the same before the District Educational Officer, if not already produced. Appropriate orders will be passed by the District Educational Officer within a period of six weeks from the date of receipt of a copy of this judgment. These writ petitions are disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp