The main legal point established in the judgment is the importance of adhering to the statutory rules governing inter management transfer and promotion, as well as the limitations of the protection granted under Art.30(1) of the Constitution of India for minority institutions.

1. O.P. No. 6248 of 1995 is filed by the Manager, P. S. High School, Thirumudikkunnu, an aided school. O.P. 12307 of 1996 is filed by the 4th respondent in O.P. 6248 of 1995 and another, both working as teachers in the same school. I will first deal with O.P. No. 6248 of 1995.

2. The Managef has approached this court challenging Ext. P1. It is an order passed by the Government on a Revision petition submitted by the 4th respondent, the senior most H.S.A, in the school. He filed a petition before the Government against the order of the District Educational Officer whereby the intef-management transfer of the 3rd respondent from a different school to the P. S. High School as Headmistress had been approved by the 2nd respondent. The facts are as follows:

3. The existing Headmaster of the P. S. High School opted for voluntary retirement with effect from 7th March 1994. His request for voluntary retirement was approved by the Deputy Director (Education), Thrissur as per proceedings dated 16th May 1994, of course with effect from 7th March 1994. Consequently, a vacancy of Headmaster arose with effect from 8th Match 1994. The petitioner consented for inter management transfer of the 3rd respondent to the petitioner's school as Headmaster. Admittedly by the petitioner in Para.1 of the Original Petition, it was "approved by the 2nd respondent, D.E.O., Irinjalakuda on 4th June 1994". Against this order dated 4th June 1994, the 4th respondent represented before Government and Government had after hearing the parties issued Ext. P1 setting aside order dated 4th June 1994 of the District Educational Officer, Irinjalakuda, the 2nd respondent. That is under challenge by the petitioner.

4. The main grounds urged by the petitioner are that "the school is conducted by the religious minority of Roman Catholics entitled to protection granted under Art.30(1) of the Constitution of India" (paragraph 2 of the Original Petition) and therefore the 1st respondent in issuing Ext. P1, order "thrown to the winds the well established principles which he knew, with regard to the protection guaranteed to the minority communities in establishing and administering institutions of their choice", "the vacancy of Headmaster arose much before the 4th respondent got qualified to be appointed to that post" and therefore right of the 4th respondent to get promoted has to be decided on the basis of the qualification on the date of occurrence of vacancy, that "the 1st respondent went wrong in taking into account the date on which the D.E.O. approved the transfer of the 3rd respondent" as the relevant date to determine the rights of the parties and when approval is granted it shall relate back to the date of actual appointment by the Manager, the competent appointing authority, that the teacher who obtains inter management transfer "will not lose his/her seniority as per the provisions of the K.E.R.", and that Ext. P1 order of the Government "has resulted in a grave miscarriage of justice".

5. It is an admitted fact that the 3rd respondent was not a member of staff of the school managed by the petitioner and that she is brought to the petitioner's school for being appointed as Headmistress on inter management transfer. Inter management transfer is governed by R.11, Chap.14A, K.E.R. As per the said rule, a teacher serving in any school under one educational agency may be transferred to a school under another educational agency with previous approval of the District Educational Officer and the number and date of the order of the District Educational Officer containing the approval shall be quoted in the last pay certificate of the teacher. Therefore, a transfer will be effective only when transfer is approved by the District Educational Officer, 'previous approval' is a pre condition to effect it. In other words, the rule does not permit a transfer and a post factum approval thereto. So, the management can effect the transfer only after the order has been passed by th