IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 25TH MARCH 2009 / 4TH CHAITHRA 1931 WP(C).No. 8334 of 2009(J) -------------------------------------- PETITIONER(S): ------------------------ 1. THE CORPORATE MANAGER, CORPORATE EDUCATIONAL AGENCY, DIOCESE OF PALAI, BISHOP'S HOUSE, PALAI PO, KOTTAYAM DISTRICT, REP. BY HIS POWER OF ATTORNEY HOLDER, FR.JOSEPH ENTHANAL, SHALOM PASTORAL CENTRE, PALAI PO, KOTTAYAM DISTRICT. 2. GEORGE JOSEPH, PRINCIPAL, ST.MARY'S H.S.S. ARAKKULAM, MOOLAMATTOM. 3. GRACEAMMA JOSEPH, PRINCIPAL, ST.GEORGE H.S.S. ARUVITHARA, ARUVITHARA PO., KOTTAYAM DISTRICT. 4. P.J.MARYKUTTY,PRINCIPAL, HOLY CROSS H.S.S. CHERPUNKAL, CHERPUNKAL PO., KOTTAYAM DISTRICT. 5. ANCY JOSEPH, PRINCIPAL, ST. PETR'S H.S.S. ELANJI, ELANJI PO, KOTTAYAM DISTRICT. 6. A.V.PIOUSKUTTY, PRINCIPAL, EMMANUEL'S H.S.S. KOTHANALLOOR, KOTHANALLOOR PO., KOTTAYAM DISTRICT. 7. SABU CYRIAC, PRINCIPAL, ST JOHN'S N.H.S.S., KOZHUVANAL, KOZHUVANAL PO., KOTTAYAM DISTRICT. 8. A.M.JOSEKUTTY, PRINICIPAL, ST.MARY'S H.S.S. KURUVILANGAD,KURUVILANAGAD PO., KOTTAYAM DISTRICT. 9. SR.PHILOMINA JOSEPH, PRINCIPAL, ST.MARY'S G.H.S.S. PALAI, PALAI, PO, KOTTAYAM DISTRICT. Kss ..2/- ....2.... WPC.NO.8334/2009 J 10. SHIBI JOSEPH, PRINCIPAL, ST.ANTONY'S H.S.S. PLASSANAL, PLASSANAL PO., KOTTAYAM DISTRICT. 11. ABRAHAM K.J., PRINCIPAL, ST.AUGUSTINE'S H.S.S. RAMAPURAM, RAMAPURAM P.O., KOTTAYAM DISTRICT. 12. SR.LUCIAMMA KURIAN, PRINCIPAL, ST.MARY'S H.S.S. TEEKOY, TEEKOY PO, KOTTAYAM DISTRICT. 13. FR.V.T.THOMMEN PRINCIPAL (RETIRED) ST.SEBASTIN'S H.S.S.KADANAD, KADANAD PO, KOTTAYAM DISTRICT. 14. FR.P.O.JOSEPH, PRINCIPAL (RETIRED) HOLY CROSS H.S.S, CHERPUNKAL, CHERPUNKAL PO, KOTTAYAM DISTRICT. 15. JOY THOMAS, PRINCIPAL, (RETIRED) ST.ANTONY'S H.S.S. ,PLASSANAL,PLASSANAL PO., KOTTAYAM DISTRICT. BY ADV. MR.GEORGEKUTTY MATHEW RESPONDENT(S): ----------------------------- 1. THE STATE OF KERALA, REP. BY ITS SECRETARY, GENERAL EDUCATION HIGHER SECONDARY DEPARTMENT, SECRETARIATE, TRIVANDRUM. 2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDINGS, TRIVANDRUM-1 3. THE REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY EDUCATION, EDAPPALLY, ERNAKULAM. R1 TO R3 BY SR. GOVERNMENT PLEADER MR. A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.Ravindran, J. ================== W.P.(C) No.8334 of 2009 ===================== Dated this the 25th day of March, 2009. JUDGMENT Heard Sri. Georgekutty Mathew, the learned counsel appearing for the petitioner and Sri. A.J.Varghese, the learned Government Pleader appearing for the respondents. 2. The first petitioner is the Corporate Manager, Corporate Educational Agency, Diocese of Palai. Petitioners 2 to 15 are the Principals of Higher Secondary Schools established and administered by the said corporate educational agency. They were appointed by Exts.P3 to P3(m) orders. By Exts.P5 to P5(l) orders, the Regional Deputy Director of Higher Secondary Education declined to approve the appointments of petitioners 2, 3 and 5 to 15 on the short ground that the Selection Committee which selected them for appointment as Principal was not duly constituted. The first petitioner has aggrieved by Exts.P5 to P5(l) orders passed by the Regional Deputy Director of Higher Secondary Education, Ernakulam filed Exts.P6 to P6(l) appeals before the State Government. In this Writ Petition, the petitioners challenge Exts.P5 to P5 (l) orders contending that as the educational institutions established and administered by the Corporate Educational Agency of the Diocese of Palai are minority institutions entitled to the protection of Article 30(1) of the Constitution of India, it is open to the educational agency to appoint persons of their choice and in whom they have confidence as Principals WP(C) 8334/09 -: 2 :- of Higher Secondary Schools. The petitioners contend that the stipulation in Chapter XXXII of the Kerala Education Rules regarding the constitution of the Selection Committee does not apply to minority educational institutions. The petitioners also seek a direction to the State Government to consider Exts.P6 to P6(l) appeals filed by the first petitioner and pass orders thereon within a time limit to be fixed by this Court. 3. When this Writ Petition came up for admission on 17.3.2009, the learned Government Pleader was requested to ascertain whether Exts.P6 to P6(l) appeals have been received by the Government and are still pending. When this Writ Petition came up for hearing today, the learned Government Pleader was not in a position to state whether Exts.P6 to P6(l) appeals have been received by the Government and are pending. The learned Government Pleader submitted that though he had sent a letter in time, instructions have not been received till date. 4. The pleadings disclose that petitioners 1 to 15 were appointed as Principals in May, 2006. Petitioners 13 to 15 have also retired from service. It was in the retirement vacancy of petitioners 13 and 14 that petitioners 4 and 10 were appointed. Nearly three years have passed after the Principals were appointed. In these circumstances, I am inclined to dispose of this Writ Petition with a direction to the State Government to consider Exts.P6 to P6(l) appeals filed by the first petitioner, if they have been received by the Government and pass orders thereon within a WP(C) 8334/09 -: 3 :- period of three months from the date of receipt of a certified copy of this judgment. Before orders are passed on Exts.P6 to P6(l) appeals, the Government shall afford the first petitioner a reasonable opportunity of being heard. 5. The learned counsel for the petitioners submits that in view of the directions issued by the Regional Deputy Director of Higher Secondary Education, Ernakulam in Ext.P7, the salary of the teaching and non-teaching staff in the various Higher Secondary Schools in which petitioners 2 to 15 were appointed as Principals will not be disbursed, if Principals are not appointed before 15.3.2009. The learned counsel for the petitioner submits that as the issue regarding the approval of appointments of petitioners 2 to 15 is pending before the Government, till the Government takes a decision in the matter, the operation of Ext.P7 may be kept in abeyance. Since the first petitioner has already appointed petitioners 2 to 15 as Principals though their appointments have not been approved and the issue regarding approval is now pending before the Government, I direct that till the Government takes a decision in the matter, the operation of Ext.P7 in so far as it relates to the Higher Secondary Schools established and administered by the Corporate Educational Agency of the Diocese of Palai shall not be implemented The Writ Petition is disposed of as above. P.N.Ravindran, Judge. ess