Minority institutions have the right to administer their affairs, but this right does not extend to maladministration or exploitation of employees. The provisions of the Delhi School Education Act and Rules are applicable to minority institutions, except to the extent that they make Section 8(2) inapplicable to un-aided minority institutions. The Managing Committee of a minority institution cannot appoint any teacher as the Officiating Principal, ignoring the legitimate claim of a senior teacher based on seniority and qualifications. The instructions issued by the Directorate of Education are binding on minority institutions.

( 1 ) THE petitioner has approached this court with the prayer that the decision of the Managing Committee of respondent no. 1 School taken in its meeting held on 17. 3. 96. thereunder respondent no. 3 was appointed as Officiating Principal of respondent No 1 School in place of the petitioner, be set aside and the petitioner be appointed as the Officiating Principal of respondent no. 1 School till a regular person is appointed as its Principal.

( 2 ) THE petitioner was appointed in the post of Trained Graduate Teacher (TGT) of S. M. Jain Modem Sr. Secondary School, on 3. 1. 1966. In October, 1969, the petitioner was promoted to the post of Post Graduate Teacher and since then she has been discharging her functions and duties as a post graduate teacher.

( 3 ) IT is stated in the petition that the petitioner came to know for the first time, that the Managing Committee of respondent no. 1 School vide its meeting dated 17. 3. 96 decided to appoint one Mrs. Satish Jain,. a junior post-graduate teacher as Officiating principal, ignoring the legitimate claim of the petitioner to the said post on the basis of seniority. The petitioner immediately addressed a letter affirming her right to be appointed as the Officiating Principal being the senior-most post graduate teacher. It is stated that the petitioner had sent a copy of the order issued by the Director of Education Delhi dated 21. 4. 70 in support of her claim.

( 4 ) ON 26. 3. 1969 the petitioner addressed a representation to the Director of the Directorate of Education bringing all the relevant facts on records and praying for necessary directions as per the rules, on 29. 3. 1996, the Director of Education in response to the representation of the petitioner, issued an order bearing no. 18021 to 18041 wherein informing the managers of all the Government- aided Schools that the Officiating charge of a school should be given only to the senior-most teacher in normal course, this order was received by respondent no. 1 School. On 30. 8. 96, the petitioner was officially informed that Ms. Jain was being given the charge of Officiating Principal on the retirement of the Principal on 31. 3. 1996. It is alleged that the petitioner accepted the notice under protest. On 4. 4. 1996, another letter was sent by the Director of Education which is Annexure P-6 to the petition. Relevant portion of the letter reads as under:-

"i am directed to inform you that the only senior-most lecturer of your school may act as Officiating Principal and not any junior seniormost lecturer of your school may act as Principal till the appointment of Principal in the school. A compliance to this effect may be sent to this office immediately.

( 5 ) AGAIN in pursuance of the representation to the Chief Minister by the petitioner, a letter was addressed to the Manager of respondent no. 1 School on 17. 4. 1996. The letter reads as under:

"the senior-most lecturer of your school will act Officiating Principal of the school. The Orders in this regard have already been issued to you vide letter dated 4. 4. 1996. Non compliance will be taken seriously. Take immediate action and inform the undersigned immediately.

( 6 ) THE learned counsel for the petitioner Mr. N. N. Aggarwal had referred, to Notification dated 28. 1. 91 and also submitted that according to the notification for appointment of Principal, the precondition is 10 years experience of teaching as the Vice-Principal PGT in a Higher secondary/ senior secondary-school or inter college. It is also submitted by the petitioner that she being the senior-most teacher has more than 31 years of teaching experience and about 28 years experience of teaching post-graduate classes. Whereas respondent no. 3 who has been appointed as the officiating principal has only 8 years of teaching experience of post-graduate classes and, therefore, she is not even eligible for appointment as Officiating Principal according to the aforesaid notification which is applicable