C. V. FRANCIS Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition raises a question as to the meaning of word 'establish and administer' educational institutions under Art. 30(1) of the Constitution of India.

(2.) Sarvodaya Higher Secondary School was established in the year 1951 by late N.K. Kunjikrishnan Nair. He was a member of Kerala State Legislative Assembly. The School was purchased by the Jesuit Educational and Charitable Society of Wayanad in the year 1990. They appear to have invested money in infrastructure and development of the School. Thus, the aforesaid Society became a corporate educational agency. By an order of Government of India dated 21.07.2001, the Sarvodaya High School administered by the Society was declared as a minority educational institution within the meaning of Sec. 2(g) of the National Commission for Minority Educational Institutions Act, 2004.

(3.) The present dispute leading to filing of the writ petition has arisen in the context of appointment of a Headmaster. Petitioner, Sri.Francis C.V., joined the School as HSA in the year 1987. Manager has chosen to appoint Father Wilson T.A., the 9th respondent as the Headmaster of the School with effect from 01.04.2015. Admittedly, Fr.Wilson is junior to the petitioner.