LATA MARINA VARGHESE Vs. STATE OF KERALA

JUDGEMENT

(1.) A Principal of the 5th respondent college has filed this Writ Petition challenging the order of suspension and memos issued to her from time to time alleging that the 5th respondent is determined to illegally interfere with her functioning as Principal and to see that she is kept out of service.

(2.) The petitioner was appointed as Lecturer in English in Catholicate College, Pathanamthitta affiliated to the 3rd respondent University. She was promoted as Associate Professor in 2008; was appointed as Head of the Department of English in Baselius College, Kottayam in the year 2015 and thereafter was appointed as Principal of St. Thomas College Ranni, on being selected by a selection committee, as per Ext. P3 order dated 30.08.2017. The then Manager forwarded the proposal for approval of her appointment to the University and the University as per Ext. P14 order dated 26.06.2018 approved her appointment as Principal.

(3.) It is stated that the college is run by St. Thomas Valiyapally Edavaka Educational agency of the St. Thomas Knanaya Church, Ranni and appointment of Manager of the college is made by election to the governing body from the St. Thomas Knanaya Parish. The 5th respondent was elected as the Manager subsequent to the appointment of the petitioner as Principal. The 5th respondent got elected as Manager on his retirement as Principal of St. Thomas College in which vacancy the petitioner was appointed. It is stated that the petitioner hails from an Orthodox Christian denomination; whereas the college is under the Knanaya denomination. It is stated that the appointment of the petitioner as Principal of the College was made before the election of the 5th respondent as Manager; those belonging to Knanaya denomination wanted to see that the petitioner, who is from another denomination, has to be sent out and it was one of the things included in the election propaganda. In support of her allegation, she has produced Exts. P7 and P7(a) notices distributed at the time of election. The petitioner submits that ever since the 5th respondent took charge as Manager on 23.1.2018, he has been harassing her; on the day he took charge he sent a letter to the University to review her appointment as Principal; after directing her to attend the governing body of the management the petitioner would not be permitted to see the minutes or to put her signature though the Principal of the college is the Secretary of the governing body. The petitioner also alleges that the 5th respondent installed a CC TV camera in her room which was monitored by the 5th respondent.