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1978 Supreme(Ker) 179

D.Y.CHANDRACHUD, SARKARIA, UNTWALIA, KOSHAL, SEN
LILY KURIEN – Appellant
Versus
SR. LEWINA – Respondent


Judgment :-

1. These appeals by special leave directed against the judgment of the Kerala High Court dated July 19, 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 Ordinances framed by the Syndicate of the University of Kerala, under S.190) of the Kerala University Act, 1957.

2. Smt. Lily Kurien, the appellant herein, was appointed as Principal of the St. Joseph's Training College for Women, Ernakulam in the year 1957. The College was established by the Congregation of the Mothers of Carmel, 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 October 30, 1969, there was an unfortunate incident between the appellant and one P. K. Rajaretnam, a lecturer of the college, placed on deputation by the Government. On the basis of a complaint by Rajaretnam, the Managing Board initiated disciplinary proceedings against the appellant and appoi





























































































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