The judgment emphasized the protection of minority rights under Article 26 and 30(1) of the Constitution of India and the violation of these rights through non-payment of salary.

1. The short facts of the case are as follows:-

The writ petitioner submits that she passed Plus Two examination in March 1991 and Diploma in Teacher Education course in July 1997. The petitioner was appointed as a Secondary Grade Teacher in a leave vacancy from 19.07.1999 to 16.10.1999 in National Aided Primary School, Naluvedhapathi West, near Vedaranyam and the appointment was approved for the said leave vacancy post and she was paid a salary by the Educational Department. She further submits that in the fourth respondent's school, a teacher vacancy arose due to retirement of one Secondary Grade Teacher, viz., Soundaram from 01.06.1999 and she applied for the said post and was appointed as Secondary Grade Teacher from 10.01.2000. The petitioner joined in service as Secondary Grade Teacher in the fourth respondent's school on the very same day and the said post was a permanently sanctioned post from 10.01.2000. The fourth respondent's school is one of the schools established and administered by the Kasi Mutt which is declared a minority education institution by the Sub Court, Kumbakonam in a declaration suit in O.S.No.18 of 1985. Against the said declaration and decree, an appeal suit has been filed in A.S.No.62 of 1986, on the file of District Court, Thanjavur and the said appeal suit has been dismissed and the trial Court judgment was confirmed. Further, this Court held that the school run by the Kasi mutt is also a minority institution and no separate declaration is required to be obtained for Schools run by the Kasi Mutt. Further, the fourth respondent-school is categorized as a religious minority institution and therefore, no employment exchange sponsorship is necessary and no communal reservation is to be followed by the Management.

2. The petitioner was appointed by the fourth respondent/correspondent in exercise of its minority rights under Article 26 and 30(1) of the Constitution of India. The petitioner is fully qualified for being appointed as a Secondary Grade Teacher in the fourth respondent-management. It is further submitted that on 22.01.2000, the fourth respondent-management submitted proposals for approval to the second respondent, viz., the District Elementary Educational Officer, Thanjavur District along with all the required particulars including the judgment of this Court passed in W.P.No.19419 of 1990. The request was submitted through the third respondent and the third respondent did not forward the said proposals to the second respondent even after the expiry of several months. The said proposal was written by the third respondent through his proceedings in O.M.No.123/A2/2000, dated 31.08.2001, by stating that the appointment is made without following communal rotation and the issue of whether or not the fourth respondent-school can be treated as non-minority school or minority school is to be clarified by the first respondent and the clarification to that effect was sought from the first respondent i.e, the Director of Elementary Education, College Road, Chennai. It is further submitted that the fourth respondent after the said order of the third respondent, dated 31.08.2001, submitted a detailed representation on 03.10.2001 and pointed out that the fourth respondent-school is already declared as a minority school which is accepted by the Educational Department and therefore, a communal roster need not be followed and consequently requested the second respondent to approve the appointment of the petitioner and the said request was submitted through the third respondent. The copy of the said representation was submitted to the second respondent. The Management also submitted a representation to the first respondent on 28.12.2000 and explained the position and requested him to issue suitable direction to the second respondent to approve the petitioner's appointment and a reminder was also sent to the first respondent on 30.06.2001 and in spite of the same, no action was taken by the first resp