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IN THE HIGH COURT OF KERALA AT ERNAKULAM
HARISANKAR V. MENON, J
Susan George – Appellant
Versus
State Of Kerala – Respondent
JUDGMENT :
(HARISANKAR V. MENON, J.)
These two writ petitions pertain to the dispute with respect to the appointment to the post of Headmaster in a School, having a minority status, managed by the 5th respondent in W.P.(C) No.8113 of 2019.
2. The petitioner in W.P.(C) No.8113 of 2019 was appointed to the post of Headmistress, which stood vacant on 01.06.2017, on account of the retirement of the incumbent with effect from 31.05.2017. The appointment as above was effected by the 5th respondent Manager. However, the approval as regards the afore appointment was rejected by virtue of Ext.P3 issued by the 4th respondent. A reference to Ext.P3, by which the approval was rejected, would show that the 4th respondent made reference to a representation / complaint filed by the 6th respondent in W.P.(C) No.8113 of 2019, who took up the contention that he was entitled to appointment as Headmaster insofar as he had already acquired the required test qualifications prescribed under Rule 44A of Kerala Education Rules. Ext.P3 order also makes reference to a Government Order dated 10.06.2015, which is seen produced by the petitioner as Ext.P6 in the writ petition. The afore Government Order is, in fac
The retrospective amendment to Rule 44A of the Kerala Education Rules applies to appointments, limiting the Manager's discretion under Article 30 to statutory qualifications.
Rule 44 reads as appointment of Headmasters shall ordinarily be according to seniority from the seniority list prepared.
Management of minority educational institutions has the absolute right to appoint qualified individuals without being bound by seniority, as upheld by the court.
The amendment of the Kerala Education Rules allows for reconsideration of appointments made under minority rights, provided proper proposals are submitted.
The main legal principle established in the judgment is that the right of a religious minority to administer an educational institution of its choice, including the appointment of a Headmaster, is of....
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