Minority educational institutions receiving government grants are subject to regulations and conditions imposed by the government, as long as they do not infringe upon constitutionally guaranteed rights.

1. Placing reliance upon an order issued by the State Government, Order No.1785, Education (II-3) Department, dated 5th December, 1988, the petitioner who is a lecturer in Philosophy in Madras Christian College claims a right to be appointed as the Head of the Department of Philosophy on the ground that she is the senior lecturer, having entered service as Lecturer in January, 1979 after she had acquired a Doctor of Philosophy degree in July, 1978. She had been designated as senior lecturer from 1. 1986. She is admittedly senior to Mr.M.Gabriel who has been appointed as the Head of the Department of Philosophy. He had entered service as lecturer on 10. 1979, 2 1?2 months after petitioner had entered service. He was designated as senior lecturer on 10. 1986, 9 months after petitioner had been so designated. He acquired Ph.D. Degree in the year 1992, 14 years after the petitioner had acquired that qualification.

2. The Government Order relied upon by the petitioner was issued pursuant to the recommendations made to the Government of India by a Committee known as Mehrotra Committee for reviewing the status of higher education in the country. The Government of India having decided to implement the revision of pay scales with effect from 1st January, 1986 had also offered financial assistance to the State Governments for adopting the revised scales subject to the condition set out in that order. It was open to the teachers in the colleges and the colleges to opt out of that scheme. Clause 19 of that scheme provides for such option. The respondent, Madras Christian College and its teachers had not opted out of that scheme. It is not in dispute that the scheme applies to them; although it is the contention of the counsel for the respondents that the provision dealing with appointment of senior most person in the Department as Head of Department is illegal and could be ignored by the college on the ground that it is a minority institution.

3. Petitioner had also filed an appeal to the Commissioner of Collegiate Education, Madras for securing her rights under the scheme. The Commissioner by his order dated 24th November, 1994, after setting out all the relevant facts, held that the petitioner herein is the senior most person and senior to Mr.Gabriel in the Philosophy Department and that the petitioner should be nominated as the Head of Department of Philosophy. The respondent college has so far chosen to ignore this order and also the relevant part of the Government Order being clause No.4 in para of the scheme That clause reads as under:

"The senior most person in the Department of College irrespective of his Ph.D.

qualification will be nominated and designated as "Senior Lecturer Selection Grade Lecturer/Reader and Head of Department" by the Director of Collegiate Education and that no special pay will be allowed to that post."

4. Coverage of the scheme is in respect of "teacher in all colleges" (Government and aided) Tamil Nadu unless they specifically exercise an option in writing to remain out of the scheme. It is not in dispute that the scheme was not any time challenged by the respondent college and it has not been held by any court or any other authority that this scheme, in whole or in part is inapplicable to the respondent college.

5. The Principle of the college Dr.Gladstone has filed a counter affidavit wherein he has asserted that the college which is said to be a company registered under Sec.25 of the Companies Act, 1956 is a minority institution entitled to the rights granted under Art.30 (I) of the Constitution of India. He has averred that the College has been granted autonomous status and "has been receiving grants towards salaries of the teaching and non-teaching staff. He has further claimed that the conditions for grant however cannot violate the rights of the college as a minority institution. According to him, from the angle of the minority institution, "especially with regard to the standard and