EVANS U P SCHOOL Vs. STATE OF KERALA

JUDGEMENT

(1.) COMMON questions arise for consideration in all these cases. Short facts which are necessary for disposal of the cases are as follows: Appellant herein claims to be Manager of three Institutions by name, evan's Upper Primary School , Parassala, Evan's High School, Parassala, and Evan's Teachers Training Institute, Parassala. According to the Manager, all these Institutions belong to Nadar Christian community and are established for rendering educational facilities to members of Nadar Christian community. Nadar christian community, according to the Manager, is a minority community and consequently entitled to get the benefit of protection guaranteed under art. 30 (1) of the Constitution of India. Among the three institutions, according to the petitioner, Evan's Basic Training has already been declared as a minority institution by the Director of Public Institution by his order dated 11. 5. 1970. According to him, even if there is no declaration to that effect the institution has got the status of minority institution entitled to protection under Art. 30 (1) of the Constitution of India. De hors a declaration to that effect the case of the Manager is that a minority institution can claim minority status and consequently entitled to get constitutional protection.

(2.) DISPUTE mainly centres round the question of appointment of a Headmaster in the Evan's U. P. School Parassala in a retirement vacancy which arose on 31. 3. 1999. Instead of appointing one Kanaka Bai, seniormost U. P. S. A. in the Evan's U. P. School, Smt. Joylet was transferred from Evan's H. S. Parassala and posted as Headmistress. That appointment was not approved by the Asst. Educational Officer since it was against the conditions laid down in R. 44 (1) of Chapter XIVA of the K. E. R. Manager later appointed one p. J. Ushakumari as Headmistress and sought for approval. Assistant Educational officer rejected the request and directed the Manager to appoint Kanaka Bai, senior most U. P. S. A. in the Evan's U. P. School. Since no steps were taken by the Manager to appoint Kanaka Bai as the Headmistress of the school the matter was taken up before the Government and the Government by order dated 20. 3. 2000 directed the Manager to appoint Kanaka Bai as Headmistress in the evan's U. P. School.

(3.) COUNSEL appearing for Kanaka Bai, Sri. V. S. Sudheer submitted that his client is legally entitled to get appointment to the post of headmistress from 1. 4. 1999 onwards. COUNSEL submitted that the Manager has deliberately delayed the legitimate claim of Kanaka Bai to be appointed as headmistress of the school. Consequently she is entitled to all service benefits from the said date onwards. We are of the view that since the Manager has conceded the claim of Kanaka Bai for being appointed to the post of Headmistress and offered to issue the appointment order forthwith, we need not decide the claim of Kanaka Bai for appointment from 1. 4. 1990 onwards. We leave that question open for Kanaka Bai to be raised before appropriate authority. However, we are inclined to give a direction to the Manager to appoint Kanaka bai as Headmistress of Evan's U. P. School, Parassala within a period of one week from today.