T K EIPE Vs. K M KOSHI

JUDGEMENT

(1.) The appellant is the headmaster of the S.C.S. High School Thiruvallah, which was established sixty years ago by the second respondent, the Mar Thoma Evangelistic Association. A Committee, known as the Mar Thoma Sabha Council, had also established certain schools in the State. Both the Evangelistic Association and the Sabha Council being closely related institutions of the Malabar Mar Thoma Syrian Church, they wanted to ensure a common policy of education in all these schools and for that purpose they placed all the schools referred to above under one Corporate Management early in 1955. Later, on 2-8-1958, a formal constitution for the Corporate Management was drawn up, a copy of which is proved in this case as Ext. R1. Art.1, 2, 4, 8, 9 and 10 of this document are as follows:-

(2.) First respondent is the manager appointed by the Corporate Management to manage all the schools under them. On 30-5-1960 he issued an order, Ext. P7, transferring the appellant to the High School at Valakam and the headmaster of that school to the S. C. S. High School, Thiruvallah. This order was served on the appellant on 1-6-1960.

(3.) On 2-6-1960 the appellant moved this Court by Original Petition No. 712 of 1960 for the issue of a Writ of Certiorari or any other appropriate writ, order or direction to quash Ext. P7 as it is ultra vires the powers of the 1st respondent, the author thereof. The learned Judge before whom it came up for decision on 3-6-1960 dismissed the same by an order which runs as follows:-