Minority institutions have the right to select staff but must ensure fair opportunity for all eligible candidates, aligning with constitutional principles.

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 respondent and after quashing the orders to issue a consequential direction to direct the official respondents to accord approval for her appointment as Headmistress in Bentinck Higher Secondary School, Vepery, Chennai with effect from 01.09.2013.

4. For disposal of these Review Applications, certain facts, which are absolutely germane and necessary are elucidated hereunder.

5. The Bentinck Higher Secondary School for Girls, Vepery, Chennai 600 007 is run by the Association of Saint Christopher. The same management runs the Saint Christopher College of Education at No.63, EVK Sampath Road, Vepery, Purasawalkam, Chennai - 600 007. On the retirement of Mrs.Chella Nachiyar on 31.08.2013, a post of Headmistress fell vacant. Therefore, advertisement was published in The Hindu newspaper on 09.06.2013, calling for applications for filling up the post of Headmistress. The advertisement reads that “wanted qualified Christian Women candidate for appointment as Headmistress”. In response, applications were received by the Management and ultimately, the management zeroed in on Mrs. N. Marian Usha Rani as Headmistress of the school on 24.07.2013. One of the teachers, who was already working in the same school as a PG Assistant by name Mrs.Ramani Jabathai also applied for the post. According to Mrs. Ramani Jabathai, Mrs. Marian Usha Rani did not possess the prescribed qualifications. Therefore, Mrs. Ramani Jebathai sent a representation dated 17.09.2013 to the official respondents not to accord approval of appointment of Mrs. N. Marian Usha Rani. Notwithstanding the sending of representation, Mrs. Ramani Jebathai also filed WP No. 31245 of 2013 before this Court praying to quash the order dated 24.07.2013 appointing Mrs. Marian Usha Rani as Headmistress of the School. By order dated 20.11.2013, this Court, finding that Mrs. Ramani Jebathai has already filed a statutory appeal on 09.11.2013, disposed of the writ petition with a direction to the appellate authority to dispose of the appeal. Pursuant to such direction, the Joint Director of School Education (Secondary Education), after hearing the Management of the School and the two teach