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2009 Supreme(Online)(KER) 23365

HIGH COURT OF KERALA
T.R.RAMACHANDRAN NAIR, J
CORPORATE MANAGER, CORPORATE EDUCATIONAL – Appellant
Versus
STATE OF KERALA AND 2 OTHERS – Respondent


Advocates:
SRI. KURIAN GEORGE KANNANTHANAM, SENIOR ADVOCATE SRI. TONY GEORGE KANNANTHANAM, SR. GOVT. PLEADER SRI. MUHAMOOD T.T

J U D G M E N T

Petitioner herein is the Corporate Manager of a Corporate Educational Agency, Thrissur. The matter relates to the non-approval of appointment of 4th respondent as Principal in St.Antony’s Higher Secondary School established by the Corporate Educational Agency. She was appointed as Principal with effect from 2.5.2006 in the light of the minority right conferred under Article 30 (1) of the Constitution of India. It is also stated that when she so appointed she was the senior-most teacher, for appointment in the said post.

2. By Ext.P2, certain documents were required by the 2nd respondent to which a reply was forwarded as per Ext.P3. Second respondent took the stand as per Ext.P4 that the appointment cannot be approved since the Selection Committee Minutes as per Special Rules has not been furnished. Fourth respondent challenged the same in W.P. (C) No.8361/08 , wherein, a direction was issued to 3rd respondent herein to take a decision on 4th respondent's representation. The 3rd respondent finally rejected the 4th respondent’s request as per Ext.P6. Again, a revision petition has been filed as per Ext.P7. Government rejected the revision petition as per Ext.P8 stating

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