MOST REV BISHOP OF KOTTAR MANAGER ST ALOYSIUS SCHOOL ELUVUVILAI Vs. C GNANASIGAMONI SECRETARY PARISH COUNCIL ST ALOYSIUM CHURCH ELUVUVILAI

JUDGEMENT

(1.) THIS revision is filed by the defendants in O.S. No. 213 of 1998 on the file of District Munsif Court, Kuzhithurai. The Revision is filed under Article 227 of the Constitution of India against the order in I.A. 346 of 1998.

(2.) THIRD petitioner is the third defendant in the suit. She was appointed as Physical Instructor in the second respondent School. There is another candidate by name Ms. Pushpalatha for the same post but she was not selected. She filed a suit in O.S. No. 142 of 1998 on the file of District Munsif Court, Kuzhithurai on 7.4.1998 seeking for declaration that she alone was eligible for appointment to the post and the third petitioner herein is not eligible to be appointed and the appointment is null and void and also for mandatory injunction directing the school management to appoint her to the post. In that suit, she also filed I.A. No. 305 of 1998 seeking for interim injunction. But no interim order was granted.

(3.) EVEN on merits, it is contended that the so called marriage of third petitioner was not in accordance with Cannon's Law. It was on the basis of mutual agreement third petitioner declared herself as wife of one Williams and subsequently by another agreement, the arrangement was also discontinued. So long as third petitioner is not the legally wedded wife in accordance with Cannon Law she can continue as a member of Elavuvilai Parish and she is the senior must member and Bishop was right in declaring that her marriage is invalid and she is entitled to all rights as member of the Parish and second petitioner is also competent to appoint her to the post.