IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 22ND AUGUST 2011 / 31ST SRAVANA 1933 WP(C).No. 16593 of 2011(Y) --------------------------------------- PETITIONER(S): ------------------------ SR.ANNAMMA M.T, HEADMISTRESS, NIRMALA U.P.SCHOOL, KATTULLAMALA, CHERUKKAD P.O, KOORACHUNDU VIA, KOZHIKODE DISTRICT. BY ADV. SRI.P.J.MATHEW SRI.THOMAS JOHN AMBOOKEN RESPONDENT(S): --------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR OF PUBLIC INSTRUCTION THIRUVANANTHAPURAM-695 001. 3. THE DISTRICT EDUCATIONAL OFFICER THAMARASSERY, KOZHIKODE DISTRICT.PIN-673 573 4. ASSISTANT EDUCATIONAL OFFICER PERAMBRA, KOZHIKODE DISTRICT.PIN-673 525 5. THE CORPORATE MANAGER THE CORPORATE EDUCATIONAL AGENCY, DIOCESE OF THAMARASSERY, KOZHIKODE DISTRICT.673 573 R1 TO R4 BY GOVERNMENT PLEADER SMT.N.SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.16593/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE APPOINTMENT ISSUED BY THE 5TH RESPONDENT DATED 29/07/2008. P2 COPY OF THE REPLY LETTER OF THE 4TH RESPONDENT DATED 10/11/2008. P3 COPY OF THE ORDER OF THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE DATED 11/11/2002. P4 COPY OF THE LETTER DATED 17/11/2008. P5 COPY OF THE ORDER DATED 22/12/2008. P6 COPY OF THE ORDER OF THE 3RD RESPONDENT DATED 30/04/2009. P7 COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 05/08/2008. P8 COPY OF THE DECLARATION OF THE NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS DATED 13/07/2010. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.16593/2011-Y ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 22nd day of August, 2011 J U D G M E N T The petitioner is working as Headmistress of Nirmala U.P School, Kattullamala in Kozhikode District. The fifth respondent is the Corporate Manager of the School. Petitioner was appointed with effect from 29/07/2008. 2. It is pointed out by the learned counsel for the petitioner that the school established by the fifth respondent is a Minority School which is entitled for the benefit under Article 30(1) of the Constitution of India. Ext.P3 is the communication of the Deputy Director of Education relied upon by the Management when approval was sought with regard to the appointment of the petitioner. Therein, it was noted that the minority status of the Diocese of Thalassery was already established. It is further pointed out that later a communication was issued as per Ext.P4 directing to produce the proceedings showing the declaration of minority status. Finally, by Ext.P5, the application for approval was returned. Ext.P6 is W.P.(C). No.16593/2011 -:2:- the order passed in the appeal. In both, stand taken is that the proceedings showing the declaration of minority status has not been produced by the Manager. These orders have been affirmed by the Director of Public Instruction by Ext.P7 order. Ext.P8 shows that the National Commission for Minority Educational Institutions by proceedings dated 13/07/2010 has granted a declaration that the schools mentioned in the list are Minority Educational Institutions covered under Article 30 of the Constitution of India. Serial No.26 is the school in question, viz. Nirmala Upper Primary School Kattullamala, Cherukade P.O., Kerala. 3. In the light of the above declaration, the learned counsel for the petitioner submits that the appointment of the petitioner will have to be approved. 4. Therefore, the impugned orders, namely, Exts.P5, P6 and P7 are quashed. There will be a direction to the Assistant Educational Officer to consider the grant of approval of appointment of the petitioner in the light of Ext.P8 declaration by the National Commission for Minority Educational Institutions and also after considering other relevant W.P.(C). No.16593/2011 -:3:- documents which have been produced by the petitioner and pass appropriate orders within a period of two months from the date of receipt of a copy of this Judgment. The Manager will make available the seniority list also. The writ petition is, accordingly, disposed of. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms