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1960 Supreme(Ker) 165

M.MADHAVAN NAIR, MOHAMMED AHMED ANSARI
T. K. Eipe – Appellant
Versus
K. M. Koshi – Respondent


Judgment :-

1. The appellant is the headmaster of the S.C.S. High School Thiruvallah, which was established sixty years ago by the second respondent, the Mar Thoma Evangelistic Association. A Committee, known as the Mar Thoma Sabha Council, had also established certain schools in the State. Both the Evangelistic Association and the Sabha Council being closely related institutions of the Malabar Mar Thoma Syrian Church, they wanted to ensure a common policy of education in all these schools and for that purpose they placed all the schools referred to above under one Corporate Management early in 1955. Later, on 2-8-1958, a formal constitution for the Corporate Management was drawn up, a copy of which is proved in this case as Ext. R1. Art.1, 2, 4, 8, 9 and 10 of this document are as follows:

1. The Corporate Management shall consist of two units - one for the boys' schools and one for the girls schools.

2. The Corporate Management shall keep a seniority list of teacher of different categories for each unit. Ordinarily promotions and transfers shall be made within the unit itself, but in the exigencies of service and interests of the schools, interunit promotions and transfers may be




























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