Dismissed

The Manager, Mytheen Kunju Labba Memorial Higher Secondary School v. the State of Kerala

Kerala HC2 Apr 2012WA/677/2012

Case brief

AI extract

What is this about?

Appearing against a Single Judge order confirming Government appointment of the senior most teacher as Headmaster. The Bench dismissed the appeal, finding no merit as the school, despite claiming minority status, has historically appointed the senior teacher without justification for interference.

What did the court decide?

Writ Appeal dismissed as devoid of merit; Single Judge judgment upholding Government appointment stands.

The Manager, Mytheen Kunju Labba Memorial Higher… — Education and Admissions | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE C.N.RAMACHANDRAN NAIR & THE HON'BLE MR. JUSTICE BABU MATHEW P.JOSEPH

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MONDAY, THE 2ND DAY OF APRIL 2012/13TH CHAITHRA 1934

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WA.No. 677 of 2012 ()

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-------------------------------AGAINST THE JUDGMENT IN WPC.246/2012 DATED 15-03-2012

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APPELLANTS/PETITIONERS :

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THE MANAGER MYTHEEN KUNJU LABBA MEMORIAL HIGHER SECONDARY P.O. KANNANALLUR, KOLLAM DISTRICT.

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BY ADVS. SRI.V.A.MUHAMMED

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SRI.K.E. HAMSA

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RESPONDENTS/RESPONDENTS :

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1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM-695001.

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2. THE DIRECTOR OF PUBLIC INSTRUCTIONS

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JAGATHY, THIRUVANANTHAPURAM-695014.

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3. THE DEPUTY DIRECTOR OF EDUCATION

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KOLLAM DISTRICT-691001.

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4. THE DISTRICT EDUCATIONAL OFFICER KOLLAM DISTRICT-691001.

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5. SMT. K.RADHAMONY AMMA

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HIGH SCHOOL ASSISTANT (SOCIAL STUDIES)

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MYTHEEN KUNJU LABBA MEMORIAL HIGHER SECONDARY

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P.O. KUNNANALLUR, KOLLAM DISTRICT-691576.

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6. SRI. C.REGHUNATHA PILLAI

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HEADMASTER

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MYTHEEN KUNJU LABBA MEMORIAL HIGHER SECONDARY

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P.O. KUNNANALLUR, KOLLAM DISTRICT-691576.

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R1 TO R4 BY GOVT. PLEADER SRI. GEORGE MECHERIL BY ADV. SRI.M.V.THAMBAN

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THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 02-04-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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C.N. RAMACHANDRAN NAIR &

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BABU MATHEW P. JOSEPH, JJ.

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Writ Appeal No. 677 of 2012 ------------------------------------------------------------Dated this the 2^nd day of April, 2012

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JUDGMENT

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Ramachandran Nair, J.

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The challenge is against the judgment of the learned Single Judge upholding the decision of the Government to appoint senior most teacher as the Headmaster of the school with effect from the date on which the vacancy arose. Appellant's claim is that the senior most teacher is not the choice for Headmaster's post by the management and, since the management is a minority institution, it is entitled to appoint any person with necessary qualification as Headmaster. Admittedly, the minority status is a matter on which there is already a direction by the court to the Government to consider and decide. As of now, Government has not considered or decided the issue. Counsel for the Headmaster submitted that the school which is in

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existence for the last 60 years is claiming minority status for the first time. Further, all along the senior most teacher was

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[W.A. No.677/2012]

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appointed as Headmaster of the school. In these circumstances, we do not find any justification to interfere with the judgment of the learned Single Judge permitting the senior most teacher to continue as Headmaster.

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Writ Appeal is dismissed as devoid of any merit.

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Sd/C.N. RAMACHANDRAN NAIR, JUDGE

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Sd/- BABU MATHEW P. JOSEPH, JUDGE.

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krs.

The Manager, Mytheen Kunju Labba Memorial Higher Secondary School v. the State of Kerala

Case brief

What is this about?

What did the court decide?

The Manager, Mytheen Kunju Labba Memorial Higher Secondary School v. the State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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