Heard.

1. The aforesaid three writ petitions are being disposed off by this common order as they involve identical issue for consideration based on similitude of facts, relevant for decision making.

2. The petitioners in WPS No.1351 of 2008 and WPS No.4709 of 2008 is a Society registered under State Society Registration Laws formed to establish and administer various minority educational institutions in the State. The educational institution involved in the present case are minority educational institutions. The grievance put-forth by the Society and the minority institution is regarding infringement of its fundamental rights to establish and administer minority institutions as guaranteed under Article 30 of the Constitution of India.

3. The petitioner in WP No.3016 of 2004, a senior most Teacher in the minority educational institution of the Society, has assailed the decision of the Society to handover current charge of the office of Principal of the school to respondent No.4 therein, who admittedly, is junior to this petitioner. The minority institution seeks to challenge legality and validity of circulars dated 18.9.2007 and 4.1.2008 (filed in WPS No.1351 of 2008), on the premise that it offends and violates the fundamental right of minority institution to administer the minority institution. Later on, during the pendency of this petition, when administrative order came to be issued by the District Education Officer, Raipur on 11.8.2008 seeking to enforce the aforesaid two circulars of the State Govt. and directing the minority institution to handover current charge of the office of Principal of the school to Mr. A.K. Sharma (petitioner in WP No.3016 of 2004), another petition WPS No.4709 of 2008 was filed.

4. According to pleadings, the petitioner-Board of Secondary Education and Teachers Training MPCNI is running various educational institutions and it has been recognized as minority institution. This claim of it being a minority institution is beyond dispute. Further, the fact that the petitioner Society is getting 100% grant in aid by the Govt. for payment of salary to the Teachers engaged in the minority institution is also beyond all pale of dispute. It is also an admitted position that the minority institution, being 100% aided institution by the Govt., is governed and regulated by the provisions contained in Madhya Pradesh (now Chhattisgarh) Ashaskiya Shikshan Sanstha (Adhyapako Tatha Anya Karmchariyo Ke Vetano ka Sandaya) Adhiniyam, 1978 (for short “ Act of 1978”). The Govt. has also framed Rules to regulate recruitment and promotions of Teachers and other employees of such aided institutions known as M.P. (now C.G.) Ashaskiya Shikshan Sanstha (Adhyapakon Tatha Anya Karmchariyon Ki Bharti ) Niyam, 1979 (for short “ the Rules of 1979”).

5. The minority institution decided to fill up the vacant post of Principal of its school by giving in-charge assignment of the said post to one Mrs. S. Waghe who admittedly was junior to Mr. A.K. Sharma. A dispute, therefore, arose as to whether it was within the authority of the minority institution to appoint a person of its choice as current charge holder of the office of Principal, ignoring the seniority of the senior most Teacher of the school.

6. Challenge has been laid to the validity of circular dated 18.9.2007 issued by the Directorate of Public Instructions Chhattisgarh to all the District Education Officers and communication dated 4.1.2008 of the Government to the Director, Public Instructions, on the ground that imposition of a condition that senior most Teacher alone shall be allowed to be given current charge of the office of Principal of the educational institution, interferes with the constitutionally recognized freedom of the minority institution enshrined under Article 30 of the Constitution of India to administer its own institution.

7. Learned counsel for the petitioner-Society contended that the office of the Principal of the school is the key post directly invo