DOLLY DENIESE Vs. DON BOSCO MATRICULATION

JUDGEMENT

(1.) THIS Original Side Appeal, in O.S.A.No.24 of 2010, had been filed against the judgment and decree, dated 5.10.2009, passed by the learned single Judge of this Court, in C.S.No.116 of 1999.

(2.) THE learned single Judge, by her judgment and decree, dated 5.10.2009, had held that the plaintiff in the suit, in C.S.No.116 of 1999, namely, Dolly Deniese, the appellant in the present original side appeal, had wilfully disobeyed the direction issued by the school management to attend the Annual Staff Retreat, on 14.2.1998. The willful absence of the appellant from the Annual Staff Retreat, without obtaining the prior permission of the authorities concerned would amount to insubordination.

(3.) THE learned single Judge had held that the appellant must have attended the Annual Staff Retreat, as it was being conducted to preserve the cultural and religious identity of Christians. It had also been held that the Retreat is a part of the curriculum to equip the teaching staff to impart religious as well as secular education to the students of the Christian religious minority community studying in the first respondent school. In such circumstances, the learned single Judge had further held that the appellant must have attended the Annual Staff Retreat. If unforeseen circumstances had arisen, the appellant ought to have obtained the prior permission from the authorities concerned for being absent from the Annual Staff Retreat. It had also been held that, from the enquiry report submitted to the management of the school, it could be seen that the appellant had informed one Sr.Celiene D'Souza, who was the Principal incharge of the school. In fact, the appellant should have informed Fr.Michael, the Principal of the school.