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2007 Supreme(SC) 491

S.B.SINHA, MARKANDEY KATJU
V. B. Prasad – Appellant
Versus
Manager, P. M. D. U. P. School – Respondent


JUDGMENT

S.B. Sinha, J. — Leave granted.

2. A primary school known as ‘P.M.D. Upper Primary School’ was established in the year 1917. It is an educational institution governed by the provisions of the Kerala Education Act and the Rules framed thereunder known as ‘Kerala Education Rules’ (for short, ‘the Rules’). A post of Headmaster in the said institution governed by the said Act and the rules was to be filled up in terms of Rules 44 and 45 of the Rules. The School in question is said to be a minority institution within the meaning of clause (1) of Article 30 of the Constitution of India. The post of Headmaster in the said school fell vacant on or about 01.06.1994. There were two contenders therefor, Respondent Nos. 2 and 6 herein. Respondent No. 2 was appointed in the said post. Various writ petitions were filed by the parties hereto before the Kerala High Court at various stages as the competent authority, either itself or pursuant to the directions made by the High Court in the writ petitions, passed diverse orders from time to time.

3. As the history of the litigations may not be very material for our purpose, we may only notice that ultimately the writ petition filed b























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