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2017 Supreme(SC) 98

ADARSH KUMAR GOEL, UDAY UMESH LALIT
Ivy C. da. Conceicao – Appellant
Versus
State of Goa – Respondent


Advocates Appeared:
For the Appellant :Chandra Prakash, Advocate.
For the Respondents:Pratap Venugopal, Ms. Surekha Raman, Ms. Niharika, Aman Shukla, Ms. Kanika Kalaiyarasan, M/s. K. J. John & Co., MS. Binu Tamta, Advocate.

JUDGMENT

ADARSH KUMAR GOEL, J.

Leave granted. This appeal has been preferred against judgment and order dated 14th August, 2012 passed by the High Court of Bombay at Goa in Writ Petition NO.542 of 2008.

2. The question for consideration is whether the process of appointment of a principal in minority institution is open to judicial review and on what grounds.

3. The case of the appellant is that she is a Grade-I teacher, teaching Economics in Rosary Higher Secondary School, Navelim, Salcete, Goa, run by respondent No.3-Diocesan Society. She had passed her B.A. (in Economics and Commerce) and M.A. (in Economics) from Bombay University and also completed her B.Ed. She has been teaching for the last 21 years in the school run by respondent No.3-Diocesan Society. Respondent No.3 receives aid for running the school under the provisions of Goa School Education Act, 1984 (for short, "the Act") and Goa School Education Rules 1986 (for short, "the Rules"). In the seniority list of teachers, prepared by respondent No.3-Society, the appellant is at serial No.16 while respondent Nos.4 to 6 are at serial Nos.43, 35 and 28 respectively. She is eligible and qualified for the post of principal and the

































































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