IN THE HIGH COURT OF KERALA AT ERNAKULAM
OP No. 28905 of 2002(N)
1. I.SUBHADRA (EX-TEACHER, V.V.S.H.S.,
... Petitioner
Vs
1. THE DISTRICT EDUCATIONAL OFFICER,
... Respondent
2. THE MANAGER,
3. STATE OF KERALA,
For Petitioner :SRI.N.P.SAMUEL
For Respondent :SRI.B.GOPAKUMAR
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :29/06/2007
O R D E R
THOTTATHIL B.RADHAKRISHNAN, J.
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O.P.No.28905 OF 2002
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Dated this the 29th day of June, 2007
JUDGMENT
The petitioner was appointed as a teacher in the Aided
School in question. The issues regarding the management of an
Aided School ,including the entitlement of a person elected to
office to continue, are not matters that stands in the way of the
management of the school because the primary intention is to
run the school in terms of the Kerala Educational Act and Rules.
In relation to the very same school, there is a judgment of this
Court dated 17.8.2005 in W.P(C).19237/05, in which, this Court
has held that the similarly situated teacher was entitled to
approval of appointment. I am in complete agreement with the
ratio of the said judgment and accordingly I follow the same.
In the result, the writ petition is allowed and it is directed
that the appointment of the petitioner, as per the order issued by
the Manager and forwarded to the District Educational Officer as
per letter dated 12.6.2003, shall be approved and all
OP.28905/02
Page numbers
consequential benefits shall be released to her within a period of
two months from the date of receipt of a copy of this judgment.
No costs.
Sd/-
THOTTATHIL B.RADHAKRISHNAN
Judge
kkb.
OP.28905/02
Page numbers
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THOTTATHIL B. RADHAKRISHNAN, J
O.P.NO.28905 OF 2002
JUDGMENT
29TH JUNE, 2007.
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