IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 8TH MARCH 2011 / 17TH PHALGUNA 1932 WP(C).No. 6236 of 2011(D) ------------------------------------- PETITIONER: ------------------- MARY KIND,W/O.JOSEPH ATTIPETTY, RESIDING AT ATTIPETTY HOUSE,THRIKKAKARA TEMPLE ROAD,KENT VILLA,THRIKKAKARA,HSA,ST.RITA'S HIGH SCHOOL,PONNURUNNI,KOCHI-682 010,ERNAKULAM DISTRICT. BY ADV. SRI.A.G.BASIL. RESPONDENTS: ------------------------ 1. CORPORATE EDUCATIONAL AGENCY,ARCH- DIOCESE OF VERAPOLY,REPRESENTED BY ITS GENERAL MANAGER,ST.ALBERT'S HIGHER SECONDARY SCHOOL CAMPUS,KOCHI-682 018. 2. THE DISTRICT EDUCATIONAL OFFICER, ERNAKULAM,PIN:683 031. 3. THE DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM,PIN:683 031. 4. DEPARTMENT OF PUBLIC INSTRUCTIONS (DPI), GOVERNMENT OF KERALA,REPRESENTED BY ITS DIRECTOR, THIRUVANANTHAPURAM,PIN:695 001. 5. JOSE.P.C, HEADMASTER,ST.JOSEP'S HIGH SCHOOL,CHATHIATH,ERNAKULAM DISTRICT,PIN:682 012. 6. ANNA.K.P,HEADMISTREES,ST.MARY'S HIGH SCHOOL,VALLARPADOM,ERNAKULAM DISTRICT,PIN:682 018. R1 BY SRI.ABRAHAM VAKKANAL, SENIOR ADVOCATE, ADVS. SRI.PAUL ABRAHAM VAKKANAL, SRI.DIJO SEBASTIAN, SMT.VINEETHA SUSAN THOMAS, R2 TO R4 BY GOVT. PLEADER SMT. NISHA BOSE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/03/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.6236 OF 2011 --------------------------------------- Dated this the 8th day of March, 2011. J U D G M E N T The petitioner belongs to OBC (Latin Catholic Community). The dispute is with regard to the claim for appointment to the post of Headmistress of any one of the schools of the 1st respondent. The vacancy arose on 01.04.2010. The petitioner is to retire from service on superannuation on 31.03.2011. 2. The case of the 1st respondent Management is that the petitioner's claim that she is the senior-most qualified HSA for promotion is not correct. In the seniority list which is pending for approval before the Deputy Director of Education, the petitioner is serial No.37, 5th respondent is serial No.45 and 6th respondent is serial No.20 and therefore, the 6th respondent is senior to her. It is also stated that besides there are 12 HSAs senior to the petitioner in the list who are qualified and eligible for promotion as Headmistress. The seniority list and the list of eligible W.P.(C) No.6236/2011 2 qualified seniors are produced as Exhibits R1(a) and R1(b) in the counter affidavit filed by the 1st respondent. 3. It is also stated that the Corporate Educational Agency herein is a minority corporate management which is entitled to get the protection of Article 30(1) of the Constitution of India and therefore, the Management can have its own procedure for selection of Headmaster. Further details with regard to the matter has been detailed in the counter affidavit. 4. I am not going into the merits of the matter since it is pointed out that Exhibits R1(k) and R1(l) appeals are pending before the Deputy Director of Education. The said appeals are filed by the Management. 5. Learned counsel for the petitioner submitted that the petitioner is due to retire from service on 31.03.2011 and therefore, the appeals may be directed to be disposed of at the earliest possible time. It is also submitted that in the light of various decisions of this Court, the petitioner's claim has to be accepted. Learned Government Pleader submitted that atleast two months time may be granted to dispose of the appeals. W.P.(C) No.6236/2011 3 In that view of the matter, there will be a direction to the 3rd respondent to hear and dispose of the appeals within a period of two months from the date of receipt of a copy of this judgment. Both parties will be heard and are free to produce appropriate materials which they are relying upon before the Deputy Director of Education. The right, if any, of the petitioner for promotion to any of the vacancies will not be affected by the fact that the petitioner is due to retire from service on 31.03.2011. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp