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1998 Supreme(Mad) 708

M.S.LIBERHAN, E.PADMANABHAN, D.RAJU
The Correspondent, Malankara Syrian Catholic School, Kanyakumari District – Appellant
Versus
J. Rabinson Jacob – Respondent


Advocates Appeared:
For the Appellant:Joseph Thatheus Jerome, V. Parivallal, Advocates.
For the Respondent: N. Paul Vasantha Kumar, M.K. Hidayathullah, Additional Government Pleader, K.P.H. Thulasiraman, Special Government Pleader, K. Chandru, K.P.H. Thulasiraman, Special Government Pleader.

Judgment :-

M.S. LIBERHAN, C.J.:

1. The pristine questions referred to this Full Bench for consideration by the Division Bench run thus:

(1) Whether transfer is an incident of service when it is neither specifically provided nor prohibited under the Rules or Regulations of conditions of Service applicable to teachers and others in private schools.

(2) Is not the School Committee in respect of a non-minority institution entitled to stipulate conditions of service for teachers and others employed in private schools, which are not in conflict with Sec. 19 read with Rule 15 and Form VII-A.

(3) Is not a minority corporate management entitled to effect transfers of those employed in the Schools established and administered by the Educational Agency, when the rules framed by the Government do not touch upon the power of transfer.

(4) Would not the expression “administer” in Art.30(1) of the Constitution take within its fold the exercise of power of transfer as involved in this matter.

2. Proceedings originated from the facts, as culled out from the reference, writ appeals and writ petitions, run thus:

M.K.Syrian Catholic Diocese (hereinafter referred to as ‘the Society’) runs differen
























































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