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KUMARI REGINA V. ST. ALOYSIUS HIGHER ELEMENTARY SCHOOL

Kumari Regina v. St. Aloysius Higher Elementary School and Another AIR 1971 SC 1920

ISSUE:

  • Whether the rules under which the appeal was filed and the order was made were only administrative instructions by the Government to its educational officers?

RULE:

  • Section 56 of the Madras Elementary Education Act, 1920 was emphasized in the ruling by the Supreme Court.

FACTS:

  • The appellant, who was working as the Headmistress in the respondent school was reduced to the position of an Assistant Teacher.
  • Her appeal to the District Educational Officer under Section 13(2)(vi) of Part 11 of the rules published by the State Government in the Gazette on August 29, 1939, was rejected, but on a further appeal by her to the Divisional Inspector of Schools, the management of the school was directed to restore her to the position of Headmistress.
  • As the management did not do so, she filed a suit for the issue of a mandatory injunction to the respondent and damages.

HELD:

  • It was held by the Supreme Court that mandamus cannot be used against the management of private institutions. The court can also not intervene the in decisions of the Governor with the writ of Mandamus.