A.D.KOSHAL, A.P.SEN, N.L.UNTWALIA, S.SARKARIA, Y.V.CHANDRACHUD
LILYKURIAN – Appellant
Versus
LEWINA – Respondent
JUDGMENT
SEN, J.
( 1 ) THESE appeals by special leave directed against the judgment of the Kerala High Court dated 19/07/1973, raise a question of far reaching importance. The question is whether an educational institution established and managed by a religious or linguistic minority is bound by the provisions of Ordinance 33 (4 ). Chapter LVII of the Ordinance framed by the Syndicate of the University of Kerala, under S. 19 (j) of the Kerala University Act, 1957.
( 2 ) SMT. Lilly Kurian, the appellant herein, was appointed as Principal of the St. Josephs Training College for Women, Ernakulam in the year 1957. The College was established by the Congregation of the Mothers of Caramel, which is a religious society of Nuns belonging to the Roman Catholic Church, and is affiliated to the University of Kerala. It is administered by a Managing Board, and the Provincial of the Congregation is its President.
( 3 ) ON 30/10/1969, there was an unfortunate incident between the appellant and one P. K. Rajaratnam, a Lecturer of the College, placed on deputation by the Government. On the basis of a complaint by Rajaratnam, the Managing Board initiated disciplinary proceedings against the appellant
relied on : Re The Kerala Education Bill, 1957
Rev Sidhajbhai Sabhai v. State of Bombay
State of Kerala v. V Rev Mftlur Provincial
Rev. Proost v Proost v. State of Bihar
State of M. P. v. Shardul Singh
explained and followed : Ahmedabad St. Xaviers College Society v. State of Gujarat
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