J.B. Koshy, J.

Whether the management of an educational institution established by a minority community has aright to appoint a qualified high school teacher (HSA) of its choice as headmaster without strictly looking into the seniority, claiming protection under Art. 30(1) of the Constitution of India is the main question to be decided in this case. A vacancy of headmaster arose in the second respondent’s school with effect from 1.4.1999. At that time, petitioner/appellant was working as High School Assistant (Malayalam) in the second respondent’s school owned by a Church. She is a graduate in Malayalam. She has passed B.Ed. and has got 19 years of service. Third respondent got inter-management transfer to the school as provided under the Kerala Education Rules. She is also fully qualified (graduation with B.Ed.) to become headmistress. She has seven years of teaching experience as UPSA and 15 years and ten month’s experience as HSA. Management appointed third respondent as the Headmistress with effect from 1.4.1999 by Ext.P2(a) order dated 1.4.1999 and the matter was informed to the District Educational Officer. Even before the appointment of third respondent as h