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2007 Supreme(Ker) 591

A.K.BASHEER
Sophiamma. V. V. Teacher – Appellant
Versus
The Council For The Indian School – Respondent


Judgment :-

Petitioner is a teacher working in the unaided school being run by St.John's Educational Trust at Kayamkulam. She prays for issue of a writ of certiorari to quash Ext.P5 communication issued by the management informing her that she would be retired from service on the closing day of the school for summer vacation in March 2007. She further prays for a direction to the Council for the Indian School Certificate Examination, New Delhi (for short, the Council) to "withdraw the affiliation" granted by it to the school.

2. It is contended by the petitioner that she is entitled to continue in service till she attains the age of 58 in terms of the clauses contained in the School Service Manual governing the staff of the institution. Since she has completed only 55 years, the action of the management in asking her to retire from service as directed in Ext.P5 is totally illegal, arbitrary and without jurisdiction. It is the further case of the petitioner that the Council is liable to withdraw affiliation to the school since the action of the management is in gross violation of Ext.P1 Manual as well as Ext.P2 guidelines for affiliation. Are the above contentions tenable?

3. In the c
























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