MANOHAR NAIK Vs. FR THOMAS GONSALVES

JUDGEMENT

(1.) THIS petition was allowed and rule was made absolute, by Judgment of the Division Bench of this Court, dated 20th /21st March 2001. The matter was then carried to the Apex Court and the Apex Court by its Order, dated 1st April 2003, remitted this petition for fresh consideration, in view of the Judgment of the Constitution Bench of the Supreme Court in T. M. A. Pai Foundation and Others etc. v. State of Karnataka and others etc. , decided by the Supreme Court on 31st October 2002. While remitting this petition for reconsideration, liberty was granted to the parties to the petition to file fresh pleadings. However, the parties to the petition have not filed any fresh pleadings.

(2.) IN view of the directions of the Apex Court, the petition is heard afresh. This petition, under Articles 226 and 227 of the Constitution of India, seeks for an issuance of writ of mandamus or any other appropriate writ, order or direction commanding the respondents 3 and 4 to recognize the appointment of the first respondent and/or withdraw the recognition given to the first respondent as Headmaster of the school run by the second respondent. The petition also seeks for issuance of a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction commanding respondents 2, 3 and 4 to make appointment to the post of Headmaster to the Father Agnel High School, Pilar, Goa, from amongst the eligible senior most assistant teachers.

(3.) THE facts, as are necessary for the decision of this petition, are stated hereunder:-The second respondent is a Society registered under the Societies Act and established by the Society of the Missionaries of St. Francis Xavier, namely, Society of Pilar, Goa. The Society of the Missionaries of St. Francis Xavier of Pilar is a Society formed by the congregation of Priests and brothers belonging to the Catholic Church with its mother house at Pilar, Goa. It is a Society established and administered by the Members of the congregation of Priests and brothers of the Society of St. Francis Xavier, the Members of the Society, from its inception, have been the Priests and brothers belonging to the said congregation of St. Francis Xavier. The respondent no. 2 Society, is running six High Schools in the State of Goa, namely, (1) Guardian Angel High School at Sanvordem, (2) Father Agnel High School, (3) Immaculate Conception School, Dabul, (4) Miracles High School, Sanguem, (5) Piety High School, Collem and (6) Fatima High School, Rivona.