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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.S. SUNDAR, SATHI KUMAR SUKUMARA KURUP
Association of St. Christopher's College of Education, Rep. By its Secretary – Appellant
Versus
Govt. of Tamil Nadu, Rep. By its Secretary, Department of School Education – Respondent
ORDER :
(SATHI KUMAR SUKUMARA KURUP, J.)
Both these Review Applications arise out the common judgment dated 16.04.2021 passed in Writ Appeal No. 2882 of 2019 and 2878 of 2019 respectively.
2. The aforesaid Writ Appeals were filed as against the common order dated 18.07.2019 passed in Writ Petition No. 9620 and 9612 of 2014 respectively. Out of the two writ petitions mentioned above, the first writ petition in WP No. 9612 of 2014 has been filed by the Association of St. Christophers College of Education, Chennai praying to quash the proceedings dated 12.03.2014 of the second respondent as well as the consequential proceedings dated 14.03.2014 of the fourth respondent and after quashing the orders to issue a consequential direction to direct the official respondents to accord approval for appointment of Mrs. N. Marian Usha Rani as Headmistress in Bentinck Higher Secondary School, Vepery, Chennai with effect from 01.09.2013.
3. The second writ petition in WP No. 9620 of 2014 has been filed by Mrs. N. Marian Usha Rani for the very same prayer to quash the proceedings dated 12.03.2014 of the second respondent as well as the consequential proceedings dated 14.03.2014 of the fourth responden
Minority institutions have the right to select staff but must ensure fair opportunity for all eligible candidates, aligning with constitutional principles.
The eligibility criteria for appointment as an Officiating/Incharge Principal of an Intermediate College recognized and governed under the Intermediate Education Act, 1921.
Minority institutions have an absolute right to select their staff without interference from educational authorities, as protected under Article 30 of the Constitution.
The appointments were found to be void ab initio due to the lack of essential qualifications and the flawed selection process.
A candidate has a right to be considered in light of existing Rules which implies Rules in force as on date of consideration.
The main legal principle established in the judgment is that the right of a religious minority to administer an educational institution of its choice, including the appointment of a Headmaster, is of....
Appointments obtained through forged documents are void ab initio, and failure to comply with verification processes undermines claims to employment despite long service, reaffirming minority institu....
Regulation 101 of the U.P. Intermediate Education Act, 1921 applies to minority institutions, mandating prior approval from the DIOS for non-teaching staff appointments to ensure compliance with stat....
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