- (1.) Leave granted.
(2.) A primary school known as 'P.M.D. Upper Primary School' was established in the year 1917. It is an educational institution governed by the provisions of the Kerala Education Act and the Rules framed thereunder known as 'Kerala Education Rules' (for short, 'the Rules'). A post of Headmaster in the said institution governed by the said Act and the rules was to be filled up in terms of Rules 44 and 45 of the Rules. The School in question is said to be a minority institution within the meaning of clause (1) of Article 30 of the Constitution Of India, 1950. The post of Headmaster in the said school fell vacant on or about 01.06.1994. There were two contenders therefor, Respondent Nos. 2 and 6 herein. Respondent No. 2 was appointed in the said post. Various writ petitions were filed by the parties hereto before the Kerala High Court at various stages as the competent authority, either itself or pursuant to the directions made by the High Court in the writ petitions, passed diverse orders from time to time.
(3.) As the history of the litigations may not be very material for our purpose, we may only notice that ultimately the writ petition filed by Respondent No.6 herein claiming a preferential right of appointment to the post of Headmaster vis-a'-vis Respondent No.2 was allowed by a learned Single Judge of the Kerala High Court by a judgment and order dated 08.04.2002, directing : "This Original Petition is filed by the petitioner seeking a direction to the respondents to appoint her as Headmistress with effect from 01.06.1994 and to grant her all consequential benefits. The petitioner herein is the fifth respondent in OP No. 3409/99. In view of the dismissal of that Original Petition, this Original Petition is liable to be allowed. The first respondent is directed to appoint the petitioner as Headmistress with effect from 01.06.1994 and she will be entitled to all consequential benefits arising out of that appointment in accordance with law. Respondents 4 and 5, if they think fit, will be free to proceed against the Manager for recovering any amount paid to the second respondent in accordance with law.";