The right of a minority educational institution, in appointing a Headmaster, is the subject matter of this writ petition.

2. The petitioner, a senior-most teacher in a minority institute, who was suspended till 06/03/2013, is before this Court challenging appointment of the sixth respondent, a relatively junior, as Headmaster of the school with effect from 01/04/2013.

3. Though, in the writ petition, the petitioner had urged that the institution is not having minority status, there seems no such controversy at the time of arguments and the arguments mainly confined to the appointment of the sixth respondent on the ground that the institution failed to adhere to various dicta of this Court and the Hon'ble Supreme Court. The learned counsel for the petitioner Shri Kaleeswaram Raj argued that appointment of the sixth respondent was by flouting law declared by the Hon'ble Supreme Court and this Court. Per contra, the learned Senior Counsel appearing for the institution, Shri Jaju Babu defended the action of the institution and submitted that the selection of the sixth respondent is based on fair, reasonable and transparent procedure adopted by a minority institution which has such a right to appoint suitable person as Headmaster under Article 30(1) of the Constitution of India.

4. There cannot be any controversy now at this point of time as to the right of minority institution to appoint a teacher of their own choice from among qualified teachers for appointment as Headmaster. This right flows from the Constitution and therefore, any ordinary law must yield to such constitutional right. Thus, prescription of seniority as envisaged under Rule 44(1) of Chapter XIV A of the Kerala Education Rules as such would not apply. Rule 44(1) mandates that Manager shall appoint Headmaster ordinarily according to seniority from the seniority list.

5. The right of the minority Management is a constitutional right. But they receive aid from the Government. Their right must sub-serve the purpose for which such right is protected in terms of the Constitution. It implies that minority educational institution has no unfettered freedom in making selection. The paramount consideration is to protect the institutional rights while carrying out their duty to attain the object of the institution.

6. This Court in Kurian Lizy and others v. State of Kerala and others [2006 (4) KLT 264] held that institution has to evolve a rationale procedure for selection of the Headmaster or Principal in the aided minority educational institutions.

7. In Secretary, Malankara Syrian Catholic College v. T.Jose and others [2007 (1) KLT 22] the Hon'ble Supreme Court held that the right conferred on minorities under Article 30 of the Constitution is only to ensure equality with the majority and not intended to place the minorities in a more advantageous position vis-a-vis the majority. Therefore, minority institution has also to bear in mind that on account of any appointment being made as a Head of the institution, the education should not suffer.

8. In Belsi M. v. Corporate Management of Latin Catholic Schools, Diocese of Neyyattinkara [2010 (2) KLT 134], the Full Bench of this Court after adverting to the Malankara Syrian Catholic College's case (supra) held that minority institutions are bound to follow a fair procedure while appointing a junior overlooking the senior.

9. In the light of law as above, the action of the minority Management has to be considered. There is no dispute that the sixth respondent is a junior to the petitioner.

10. The learned counsel Shri Jaju Babu submits that the institution has devised fair mechanism and evaluated comparative merit of the petitioner with the sixth petitioner. It is further submitted that the sixth respondent is possessed of certain other qualifications and has also passed Obligatory Test under Rule 44 A of Chapter XIV A of the Kerala Education Rules. It is further submitted that though the petitioner is eligible based on the fact