Bali, C.J.

Whether the right of the management of a religious minority educational institution to choose a qualified person as Headmaster of the School would come within the protective cover of Article 30 (1) of the Constitution of India and if so, can it be regulated through a legislative act or an executive rule is the question that requires adjudication by a Full Bench on a reference made by a learned Single Judge in W.P.(C) No.37646 of 2003 and a Division Bench in W.A.No.12 of 2006, noting an apparent conflict between two Division Bench decisions of this Court in Varkey v. State of Kerala (2005 (2) K.L.T. 468) and Annie Francis v. D.E.O., Aluva (2005 (3) K.L.T. 238). Whereas, a Division Bench in Varkey's case (supra) held that unbridled power cannot be given to every minority institution in the matter of selection of Headmaster overlooking the claims of the other eligible teachers, the other Division Bench in Annie Francis's case (supra) held that management of a minority educational institution has got every right to appoint a qualified teacher of its choice to head, the institution without strictly looking into seniority and other aspects.

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