KURIAN,J. - (1.) The appellants-minority educational institutions chose to appoint a teacher of their choice belonging to their respective community to the post of Headmaster, ignoring the available senior teachers from the same community. The High Court interfered and thus aggrieved, the appeals.
(2.) In the case of the appellant in Civil Appeal Nos. 826-827 of 2017, the learned Single Judge of the High Court was in favour of the appellant, but in the case of the other, being Civil Appeal No. 828 of 2017, both the learned Single Judge and the Division Bench of the High Court held against them.
(3.) In the impugned judgment, the Division Bench has taken the view that the Management of a minority educational institution has no absolute freedom to appoint a person of their choice, and they cannot overlook the qualified and senior teachers belonging to the same community. It has also been held that declaration of minority status in the case of the appellant in Civil Appeal Nos. 826-827 of 2017 by the National Commission for Minority Educational Institutions is of no avail since the appellant was an already existing institution and that the certificate of the Commission is meant for minority educational institutions to be newly established. Still further, the court has taken the view that the declaration contained in the certificate of the Authority cannot have any retrospective effect.;