VARKEY P V Vs. STATE OF KERALA

JUDGEMENT

(1.) Government Order dated 17.2.2004 and the follow up order passed by the Government, on an application for review thereof, dated 31.7.2004, marked as Exts.P3 and P6 in W.P. (C) No. 25418 of 2004 are respectively marked as Exts. P8 and P10 in W.P.(C) No. 26399 of 2004. Mr. P.V. Varkey, a teacher working in the Sacred Heart Orphanage High School, Mookkannur, is the petitioner in the earlier Writ Petition. The school management is the 5th respondent therein. The Manager is the petitioner in the later proceedings, wherein Mr. P.V. Varkey is the 5th respondent. Taking notice of the circumstance that an interim order had been passed in the Writ Petition filed by the management, there was urgency shown by the teacher concerned to get the Writ Petitions disposed of. The effort of the teacher was to see that the orders, referred to earlier, were implemented and the attempt of the school management was to establish that such orders had been passed in violation of law, and deserve to be set aside. We may advert to the facts, as stated in W.P.(C) No. 26399 of 2004, with reference to the documents produced, for convenience.

(2.) In both the Writ Petitions, the 4th respondent is one C.A. Varghese, whose appointment as Headmaster of the High School, led to the contested proceedings.

(3.) According to the school management, Sacred Heart Orphanage High School is administered by the Christian Religious Congregation of St.Teresa of Lisieux (CST Brothers), Mookkannur. They claim that the congregation was founded in the year 1931. The school was established and administered by the minority Christian community. It is an aided school, as defined under the Act, meaning a private school which is recognised by and is receiving aid from the Government.