THE CORPORATE MANAGER, CORPORATE EDUCATIONAL AGENCY OF DIOCESE OF KANNUR Vs. ANNAKUTTY, UPSA, SUHARA UP SCHOOL, VELLARA VAYAL, PO PAYAM

JUDGEMENT

(1.) The Corporate Manager, Corporal Education Agency of Diocese of Kannur is in appeal against the judgment dated 4.11.2015 of the learned Single Judge allowing W.P.(C) No. 11583 of 2006. The first respondent is the writ petitioner.

(2.) The dispute related to the appointment of Headmaster/Headmistress to a School under the appellant. The first respondent, an Upper Primary School Assistant (UPSA) claimed that she was entitled to be appointed to the vacancy that arose on 1.4.2006. According to her, she was the Senior most teacher eligible to be appointed to the said post. Overlooking her claims, the appellant appointed the third respondent as Headmaster. He is a person junior to the first respondent.

(3.) The writ petition was contested by the appellant by filing a counter affidavit. According to the appellant, the first respondent had approached this Court without exhausting the statutory remedies available to her. It was also contended that, the School being a minority educational institution entitled to the protection under Article 30(1) of the Constitution, was entitled to appoint a person of their choice to the post of Headmaster. Therefore, it was contended that the appointment of the third respondent was in order.