JOSEPH Vs. STATE OF KERALA

JUDGEMENT

(1.) WHAT are the rights of a teacher in an educational institution belonging to a minority community in the matter of promotion to the post of Headmaster according to seniority? Does he have any right at all? Or is it that, the Management of the minority institution alone has all the rights and immunities and not the members of that community, if they happen to be teachers? These questions fall to be considered in this batch of Original petitions.

(2.) THE conflict is multifaceted. THE Manager appointed by the Corporate Educational Agency of a Minority Community Chelad St. Stephan's educational Agency challenges the second extension of service granted to an award-winning teacher for five years beyond the normal date of his retirement as an inroad into the right of the minority under Art. 30 (1) of the Constitution of India, to administer the educational institution. THE educational authorities insist that if the extension of service of the Headmaster beyond his retirement is ineffective, the senior most teacher shall be appointed as headmaster. THE Management chose junior teachers as Headmasters of the two High schools in exercise of its alleged immunity from Governmental control under art. 30 (1) of the Constitution of India. THE senior teachers protest that the immunity is available to the community only and not to an individual manager.

(3.) THE Manager filed the first of these original petitions and obtained an order of stay of Ext. P2 order. That order was made absolute on 17-5-1983. THE Sub Divisional Magistrate had passed an order dated 10-5-1983 under S. 144 of the Code of Criminal Procedure directing the 3rd respondent who had been appointed as Headmaster not to function in that post. THE second respondent who could not continue as Headmaster in view of the order of stay of extension of his service handed over charge to the senior most high school assistant, Shri. Y. Philipose on 13-5-1983. This arrangement was approved by the District Educational Officer by his order dated 18-5-1983.