MANAGER ST THOMAS UP SCHOOL KERALA Vs. COMMISSIONER AND SECY TO GENERAL EDUCATION DEPTT
LAWS(SC)-2002-1-144
SUPREME COURT OF INDIA (FROM: KERALA)
Decided on
January 25,2002
MANAGER,ST.THOMAS U.P.SCHOOL KERALA
Appellant
VERSUS
COMMISSIONER AND SECY.TO GENERAL EDUCATION DEPTT
Respondents
Referred Judgements :-
S AZEEZ BASHA MOHAMMAD YASEEN NURI ZULFIQUARULLA DR M TAJUDDIN QURASHI MOHD IDRIS VS. UNION OF INDIA [REFERRED]STATE OF KERALA VS. VERY REV MOTHER PROVINCIAL [REFERRED]
Cited Judgements :-
ANDHRA EDUCTION SOCIETY VS. DINESH DAYAL PRESIDING OFFICER [LAWS(DLH)-2002-4-164] [RELIED ON]CHANDNI CHOWK SARV VYAPAR MANDAL VS. MUNICIPAL CORPORATION OF DELHI [LAWS(DLH)-2005-10-12] [REFERRED TO]
PANCHKUIAN ROAD REFUGEE VYAPAR SANGH VS. DELHI METRO RAIL CORPORATION [LAWS(DLH)-2006-6-8] [RELIED ON]
GURU TEJ BAHADUR KHALSA COLLEGE VS. UNIVERSITY OF DELHI [LAWS(DLH)-2012-6-36] [REFERRED TO]
M L CHAURASIA VS. C V INNES [LAWS(ALL)-2002-7-149] [REFERRED TO]
MAN SINGH VS. DISTRICT ASSISTANT RAGISTRAR CO OP SOCIETIES AGRA [LAWS(ALL)-2002-9-195] [REFERRED TO]
PRATAP NARAIN SINGH VS. STATE OF U P [LAWS(ALL)-2006-7-155] [REFERRED TO]
PATKAI CHRISTIAN ACADEMY VS. STATE OF MANIPUR [LAWS(GAU)-2005-4-56] [REFERRED TO]
VIJAYA BANK VS. NAVEEN MECHANISED CONSTRUCTION PRIVATE LIMITED [LAWS(KAR)-2003-12-23] [REFERRED TO]
KIRAN SUBBHA VS. STATE OF WEST BENGAL [LAWS(CAL)-2007-9-13] [REFERRED TO]
ANNIE FRANCIS VS. D EO ALUVA [LAWS(KER)-2005-6-9] [REFERRED TO]
LEELA VS. GOVERNMENT OF KERALA [LAWS(KER)-2008-11-57] [REFERRED TO]
PRAKASH MANIKCHAND MUTHA VS. STATE OF MAHARASHTRA [LAWS(BOM)-2002-10-88] [REFERRED TO]
REHABILITATION MINISTRY EMPLOYEES CO-OPERATIVE HOUSE BUILDING SOCIETY VS. RAMJAS YADAV AND ORS. [LAWS(DLH)-2015-9-210] [REFERRED TO]
DELHI SIKH GURUDWARA MANAGEMENT COMMITTEE DSGMC VS. UNION OF INDIA [LAWS(DLH)-2008-7-214] [REFERRED TO]
GAJAJI GOPALJI JADEJA VS. STATE OF GUJARAT [LAWS(GJH)-2005-2-49] [REFERRED TO]
RAFI MEMORIAL GIRLS HIGHER SECONDARY SCHOOL VS. STATE OF U P [LAWS(ALL)-2010-3-132] [REFERRED TO]
HAJI ABDUL SALAM VS. STATE OF KERALA [LAWS(KER)-2004-11-51] [REFERRED TO]
SHYAMAL KU SAHA VS. STATE OF ORISSA [LAWS(ORI)-2012-6-32] [REFERRED TO]
BAVABHAI KARSANBHAI PATEL THROUGH HEIRS VS. MUNICIPAL COMMISSIONER & ORS. [LAWS(GJH)-2016-10-66] [REFERRED TO]
ELANGBAM ONGBI AMUBI DEVI VS. STATE OF MANIPUR [LAWS(MANIP)-2017-2-17] [REFERRED TO]
JUDGEMENT
Ruma Pal, J. -
(1.)The appellant No. 1 is a School which claims the right to establish and administer its affairs as a minority institution under Article 30(1) of the Constitution of India. The claim was turned down by the Kerala High Court on an application filed under Article 226 by the respondents Nos. 5 and 6 in which they challenged the appointment of the appellant No. 2 as the Headmaster of the School.
(2.)The School was initially set up in 1964 by one P. J. Thomas. In 1980, it was bought by the then Archbishop of Thiruvantha-puram, of the Malankara Syrian Christians. According to the appellants, P. J. Thomas was a Christian and from 1964 the School has been administered for the benefit of the Christian community. The Government of Kerala has recognised the School as a minority institution and allowed it to enjoy the special rights available to minority institutions under Article 30.
(3.)In 1988, there was a vacancy for the post of Headmaster in the School. The appellant and the respondents 5 and 6 were all teachers in the School, the respondents 5 and 6 being senior to the second appellant. Under Rule 44, Chapter XIV-A of the Kerala Education Rules, 1959 the appointment of the Headmaster is required to be made according to seniority. However, relying on its status as a minority institution and its right to manage its own affairs, the School appointed the second appellant as its Headmaster. The Government provisionally approved the appointment. The respondent No. 5 challenged the approval by way of a statutory appeal before the Education Department of the State Government. By an order dated 18th March, 1981, the appeal was rejected on the ground that the School was a minority institution and "the right of the management to exercise absolute discretion to choose qualified hands of their choice to be the Head of the Institution has, time and again, been established through verdicts of Courts of Law. The Government have also acknowledged this right in giving approval of such appointments".
(2.)The School was initially set up in 1964 by one P. J. Thomas. In 1980, it was bought by the then Archbishop of Thiruvantha-puram, of the Malankara Syrian Christians. According to the appellants, P. J. Thomas was a Christian and from 1964 the School has been administered for the benefit of the Christian community. The Government of Kerala has recognised the School as a minority institution and allowed it to enjoy the special rights available to minority institutions under Article 30.
(3.)In 1988, there was a vacancy for the post of Headmaster in the School. The appellant and the respondents 5 and 6 were all teachers in the School, the respondents 5 and 6 being senior to the second appellant. Under Rule 44, Chapter XIV-A of the Kerala Education Rules, 1959 the appointment of the Headmaster is required to be made according to seniority. However, relying on its status as a minority institution and its right to manage its own affairs, the School appointed the second appellant as its Headmaster. The Government provisionally approved the appointment. The respondent No. 5 challenged the approval by way of a statutory appeal before the Education Department of the State Government. By an order dated 18th March, 1981, the appeal was rejected on the ground that the School was a minority institution and "the right of the management to exercise absolute discretion to choose qualified hands of their choice to be the Head of the Institution has, time and again, been established through verdicts of Courts of Law. The Government have also acknowledged this right in giving approval of such appointments".
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