IMPORTANT POINT
When the Government had already considered and approved that the petitioner is a minority educational institution, even after the promulgation of 2004 Act, it is not open for the Government to take a different stand. Of course, as far as private parties are concerned, they could as well contend that it is not a minority institution. But the finding of the Government that in the absence of a certification from the NCMEI, the institution cannot be recognized as a minority institution is devoid of any merit. It is also brought to our notice that the institution had already submitted an application to the NCMEI for declaring its status.

JUDGMENT :

Shaffique, J.

The petitioner in WP(C) No. 39809/2018 has preferred this appeal challenging judgment dated 27/11/2019 of the learned Single Judge. Petitioner is the Manager of St.Paul's Higher Secondary School, Kozhinjampara which is an Aided School and it claims to be a minority institution. Coimbatore Diocese Society had established several Aided Schools and it was being managed by two Managers. For administrative convenience, another Diocese was established under the name Sultanpet Diocese, Palakkad on 28/12/2013. Seven of the aforesaid institutions came under the said Diocese which was approved by the Deputy Director of Education as per his order dated 15/2/2016. The byelaws of the Corporate Management was approved. It was stated that the St.Paul's Higher Secondary School, Kozhinjampara shall be treated as a separate unit under the Manager appointed by Bishop of Diocese of Sultanpet and the other 6 schools constitute another separate unit. All the 7 Aided Schools were brought under the administrative control of Bishop of Sultanpet Diocese. Vacancy of a Headmaster had arisen in the school on 4/5/1981. The Manager appointed one Sri.A.N.Thankappan as Headmaster. Though the District Educational Officer, Palakkad refused to approve his appointment on the ground that the school is not a minority institution, in a revision filed by the Manager, Government approved his appointment as Headmaster on the ground that the school is a minority educational institution entitled for protection under Article 30 of the Constitution of India, as per order dated 22/2/1983 (Ext.P6). Still further, a Principal was appointed in the Higher Secondary School w.e.f. 1/5/2001. Again, the same came to be rejected by the District Educational Officer, Palakkad and in an appeal filed by the Manager, the Deputy Director directed approval of appointment of Smt.Hilda Mary. Though a revision was filed by the contesting High School Assistant, the same came to be rejected as per Government Order dated 14/2/2003 (Ext.P7). In respect of the Aided Schools established by Coimbatore Diocese's Society, they approached the Government for declaring that the other Aided Schools are also minority institutions, which was also allowed by the Government as per its order dated 8/12/2004 (Ext.P8). Another vacancy of Headmaster had arisen in the High School Section on 1/04/2013 and the Manager appointed Smt.Maria John Bosco in the said vacancy. The District Educational officer did not approve the appointment on the ground that seniority was overlooked, which order came to be affirmed by the Deputy Director of Education and the DPI. Revision was filed by the Manager before the Government. But the Government allowed the revision petition on a finding that the school is a minority educational institution and the appointment of the Headmaster was approved.

2. The issue in the present case had arisen when vacancy of a Principal arose in the St.Paul's Higher Secondary School, Kozhinjampara on 2/5/2018. Petitioner/appellant appointed Sri.Jesudas Besky as the Principal. The Regional Deputy Director approved the appointment of the 4th respondent only as Principal-in-Charge as per his order dated 25/5/2018 (Ext.P10). Another teacher Smt.P.K.Gracy (5th respondent), challenged the appointment of the 4th respondent as Principal and she approached this Court by filing WP(C) No.23573/2018 which came to be disposed of directing the Director of Higher Secondary Education to consider the said representation. Pursuant to the said direction, the 2nd respondent called upon the petitioner to produce the order declaring the school as a minority institution. According to the petitioner, though the petitioner is entitled for making appointments as a minority institution, at all times, objections are being raised by the Educational Authorities to submit an application before the Government for a general order to declare its minority status. The Government had refused to issue such an order as pe