JUDGMENT :

V.G. ARUN, J.

1. The appellants had filed the writ petition challenging Exhibit P2 order, declaring the Nallur Narayana L.P. Basic School (for short ‘the School’) as a minority educational institution within the meaning of Section 2(g) of the National Commission for Minority Educational Institutions Act, 2004 (Act 2 of 2005) (for short ‘the Act 2 of 2005’). The appellants are Lower Primary Teachers in the School and are aggrieved by the appointment of the 4th respondent as Headmaster of the School overlooking the seniority of the appellants.

2. A conspectus of the essential facts are as follows:

The Nallur Narayana L.P. Basic School was established in the year 1936 by Sri. Nallur Narayana Menon. After the death of Nallur Narayana Menon, his son Sri. K.K. Sasidharan took over as Manager of the School. In the year 2005, Sri. K.K. Sasidharan transferred the management of the School, including its properties, to one P.K. Mohammed Hajee. The transfer was approved by the Assistant Educational Officer, Feroke as per order no. K.Dis.18/04/D dated 12.7.2005 and by the Director of Public Instructions vide order no. G3/82087/04/K.Dis. dated 28.3.2005. Much later, on 14.8.2013, the new