- (1.) Review Application No. 129811 of 2015
(2.) Heard learned counsel for the parties. Dispute in the instant case is of the appointment as Officiating Principal in the institution in question. The order was passed by the Regional Committee/Joint Director of Education, Basti Division, Basti wherein he has directed to hand over charge of the Officiating Principal to the senior most teacher respondent no.4 in the institution concerned. This order was challenged in the writ petition on the ground that respondent no. 4 had earlier refused to accept the offer and therefore now he cannot be given charge. After hearing learned counsels for the parties the matter was decided on 18.3.2015, which was challenged in Special Appeal No. 177 of 2015. At the time of hearing of the Special Appeal, the appellant made a statement that he would file a review petition on the ground that the Writ Court did not consider that the institution is a minority institution. On this submission, Special Appellate Bench dismissed the appeal as withdrawn without expressing any opinion on the merits of the submission, giving liberty to the appellant to file a review petition.
(3.) Resultantly, this review petition has been filed on the ground that the Committee of Management of the minority institution is entitled to choose and appoint any person as Head of the institution or Teacher. The power of educational authorities is limited only to look into whether the selected candidate is qualified or not and approve or disapprove the selection, accordingly. The institution being a minority institution, the educational authorities have not much to say in the matter of appointment of Head and the teacher of the institution and therefore, the Court ought not to have interfered in the arrangements made by the authorities of the institution.This is an error apparent on the face of record and the order dated 18.3.2015 if allowed to stand would result in substantial failure of justice.;