K. Balakrishnan Nair, J.

The common question that arises for decision in these cases is whether the decision of the Full Bench of this Court in Kurian Lizy v. State of Kerala (2006 (4) KLT 264 (F.B.)) is no longer good law, in view of the decision of the Apex Court in Malankara Syrian Catholic College v. Jose (2007 (1) KLT 22 (SC)). Therefore, they are heard and disposed of by this common judgment.

W.A.No.2936/2009:

2. This Writ Appeal is treated as the main case for the purpose of referring to the facts. Though, we propose to answer only the question referred to the Full Bench, for effectively dealing with that question, a brief resume of the facts is necessary. The first respondent herein was the writ petitioner. It is a Corporate Educational Agency, managing the Latin Catholic Schools under the Diocese of Neyyattinkara. St. George L.P. School, Palode is one of the aided Schools managed by it. The Manger of the School appointed the 6th respondent N.Y. Ammini (5th respondent in the Writ Petition), as the Headmistress of the said School with effect from 1.4.2004. The appellant herein, the 7th respondent in the Writ Petition, who was a senior Lower Primary School Assistant