IMPORTANT POINTS
Autonomy of minority institutions under Article 30(1), Constitution of India does not mean that a minority institution could act arbitrarily or unfairly in dealing with the selection out of the eligible candidates. It must follow a rational criteria.
Article 30 notwithstanding, exercise of power by a minority institution discharging public functions is open to judicial review.

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 most competent person among those available for the said post. She was appointed as Incharge-Principal, in the absence of regular principal, from 7th March, 2005 and again from 5th May, 2005. She has no adverse remark in her Confidential Reports. On 1st April, 2005 a vacancy was created for the post of principal on retirement of one Sh. Edward Coutinho, the then Principal of St. Andrew's Higher Secondary School, Vasco. Respondent No.3 sought information about the appellant on 28th July, 2008 and again a vacancy was created on 1st August, 2008 for the post of Principal on retirement of Smt. Nirmala Mesquita, Principal of Fr. Basilio Andrade Memorial Higher Secondary School, Majorda, Salcete, Goa, and also on 4th August, 2008 on account of appointment of Sh. Mervin D'Souza to the post of Chairman of Goa Board of Secondary and Higher Secondary Education. Vacancies were filled up by promoting respondent nos.4 and 5 in violation of Rules 74 and 86 of the Rules. The said respondents were junior to the appellant and were not in the zone of consideration. Respondent No.6 who was, vide order dated 16th August, 2003, appointed to the post of Principal in Fr. Basilio Andrade Memorial Higher Secondary School, Majorda, has already been challenged by the appellant by way of Writ Petition NO.236 of 2004 and which was still pending when the said respondent was again appointed as Principal of St. Theresa's Higher Secondary School, Candolim, on 15th June, 2007 on availability of a vacancy and the claim of the appellant for consideration against the post of Principal has been overlooked.

4. Respondent No.3-Society contested the petition by submitting that the school run by it was a "minority institution". Claim of the appellant, for the post of Principal, was duly considered and in exercise of its right under Article 30 of the Constitution of India, it selected the most suitable candidate. There was, thus, no violation of Rules 74 and 86 of the Rules. Respondent No.3 sought leave to produce the Minutes of the D.P.C. to support its conduct. Private respondents also contested the petition.

5. Relying upon the judgment of this Court in Secy. Malankara Syrian Catholic College v. T. Jose and Others, (2007) 1 SCC 386. The High Court upheld the plea of the respondents in the following terms :

"36. ... the minority educational institution is entitled to appoint a qualified person of its choice as Principal, subject to the appointee having educational qualifications prescribed by the State Government and such a right cannot be taken away by Rules and Regulations. In the case of Manohar Naik (supra), though the Division Bench allowed the appeal, the Apex Court upheld the right of minority educational institution in Goa to appoint a qualified teacher having requisite qualification,