SR. JESSY Vs. STATE OF KERALA

JUDGEMENT

(1.) HEARD learned counsel for the appellants as well as the party respondent and learned Government Pleader.

(2.) APPELLANTS 1 and 2 herein approached the learned Single Judge as writ petitioners. The 1st petitioner is the Mother Superior, Little Flower Convent, Narakkal and the Manager of the Little Flower Girls High School. The challenge was with regard to Ext.P6 order dated 29.03.2011 which reads as under:-

(3.) THE learned Single Judge after referring to Rule 44A of Chapter XIVA of Kerala Education Rules especially with reference to Sub-rule 1 of Rule 44 and conditions required for such appointment even if the appellants' institution intends to exercise their option proceeded to hold that though the minority institution has a right to appoint a person of their choice as the Headmaster/Headmistress, it does not mean that the educational agency or manager can appoint an unqualified teacher as Headmaster/Headmistress as the case may be. In other words, the emphasis was on the non-compliance of qualification requirement as provided in Kerala Education Rules and therefore proceeded to hold that there was no justification to interfere with Ext.P6 as contended by the writ petitioners. Aggrieved by the said judgment of the learned Single Judge the appeal is filed.