JUDGMENT :

DEVAN RAMACHANDRAN, J.

1. Many a time, litigations are launched accepting the minority status of Educational Institutions when attempts are made by it, to either appoint its Headmaster/Principal from among qualified teachers without adverting to their inter se seniority; or when admissions are sought to be made to the community quota, asserting their rights under Article 30(1) of the Constitution of India.

2. Going by the various judgments of the Hon’ble Supreme Court, starting from In Re: Kerala Education Bill, 1957 (AIR 1958 SC 956), it has been well settled that Minority Educational Institutions have the right to appoint their own Heads of Institution, provided the incumbent is qualified as per the Rules, without having to adhere to the inter se seniority among such persons. This privilege is given to a Minority Institution in variation to the normative Rule that the senior most teacher should always be preferred for such appointment and this has its hypostasis on the inviolable right of such Institutions to manage their own affairs under the constitutional imperative of Article 30(1).

3. The case at hand is no different because the petitioner herein is stated to be the s