IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 24TH FEBRUARY 2011 / 5TH PHALGUNA 1932 WA.No. 98 of 2011() ------------------- AGAINST THE JUDGEMENT IN WPC.9/2011 Dated 04/01/2011 .................... APPELLANT/PETITIONER: ------------------------------------- MARIE HAZEL ROZARIO, AGED 54 YEARS, H.S.A., ST.ANTONY'S HIGHER SECONDARY SCHOOL, KACHERIPADY, ERNAKULAM. BY ADVS. SRI.B.S.SWATHY KUMAR SMT.P.A.ANITHA SMT.S.MEERA SMT.M.G.AISHWARYA RESPONDENT(S): -------------------------- 1. THE DEPUTY DIRECTOR OF EDUCATION, THRISSUR, O/O.THE DEPUTY DIRECTOR OF EDUCATION AYYANTHOLE, THRISSUR.682001 2. THE DISTRICT EDUCATION OFFICER,THRISSUR O/O.THE DISTRICT EDUCATION OFFICER, AYYANTHOLE, THRISSUR.682001 3. THE CORPORATE MANAGER CORPORATE MANAGEMENT OF THE THE SISTERS OF ST.TERESA, ST.TERESA'S ANNEXE, PRESS CLUB ROAD ERNAKULAM 682 011. 4. SMT. E.C.JESSY, HEADMISTRESS ST.JOSEP'S CONVENT GIRLS HIGH SCHOOL KURIACHIRA, THRISSUR 680006 R1 & R2 BY GOVERNMENT PLEADER SRI.T.B.RAMANI R3-4 BY ADVS. SRI.ABRAHAM VAKKANAL, SENIOR ADVOCATE SRI.PAUL ABRAHAM VAKKANAL SRI.DIJO SEBASTIAN SMT.VINEETHA SUSAN THOMAS THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 24/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK C.N. RAMACHANDRAN NAIR& P.S. GOPINATHAN, JJ. = = = = = = = = = = = = = = = = = = = W.A. 98 OF 2011 = = = = = = = = = = = == == = = = = DATED THIS, THE 24TH DAY OF FEBRUARY, 2011. J U D G M E N T C.N. Ramachandran Nair, J. Heard the learned counsel for the appellant and the Senior counsel Sri. Vakkanal, appearing for Respondents 3 and 4. The writ appeal is filed against the judgment of the learned Single Judge rejecting the claim of the appellant for appointment as Headmistress in preference to the 4th respondent who was appointed by the management. Even though the appellant is senior to the 4th respondent, the learned Single Judge held that being a minority institution, the third respondent is entitled to choose the person to be the Headmistress from among the qualified persons. The senior counsel submitted that the 4th respondent does not belong to community of the management. The learned Single Judge has only followed the principles laid down by the Supreme Court relating to the minority rights of educational institutions wherein it has been held that the management of the minority institution has a discretion to make a choice from among qualified persons of the establishment for appointment as headmistress, no W.A. 98/2011 2 matter, there may be others with superior talents or seniority. Therefore, we are not going into any other question. Consequently, the writ appeal is dismissed. C.N. RAMACHANDRAN NAIR, (JUDGE) P.S. GOPINATHAN, (JUDGE) knc/-