ROY SEBASTIAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The Corporate Management of Catholic School is an educational agency having several schools up to Higher Secondary level. On 1.4.2008, the agency decided to appoint Sri.Roy Sebastian as Principal of one of the Higher Secondary School. Sri.Thankachan, an HSST Senior to Sri.Roy Sebastian, filed a representation before the Government on 20.4.2015 staking claim for the post. This was considered by the Government pursuant to the direction of this Court in Writ Petition No.13912 of 2015. The Government considered and upheld the claim of Sri.Thankachan.

(2.) The Government admitted that Sri.Thankachan is senior to Sri.Roy Sebastian. The Government also acknowledged the fact that the school enjoys a minority status and that status was only available in the school with effect from 5.10.2010. Apart from that the Government found that in the light of the dictum laid down by this Court in Kurian Lizy v. State of Kerala, (2006) 4 KerLT 264 (F.B.)], the management cannot appoint a Principal without devising a fair and transparent procedure. The Government in the impugned order observed that both Sri.Roy Sebastian and Sri.Thankachan belong to the same minority community and therefore, the agency is bound to devise such procedure for selecting a Principal.

(3.) The Corporate Agency filed Writ Petition No.10833 of 2016. Sri.Roy Sebastian filed W.P.(C) No.9731 of 2016 challenging the very same order.