Back
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
| Table of Content |
|---|
| 1. writ appeals arise from earlier court decisions. (Para 1 , 2 , 3) |
| 2. background information on the headmistress vacancy and appointments. (Para 4 , 5) |
| 3. contentions regarding qualifications and selection process. (Para 8 , 11) |
| 4. argument on minority institutions' discretion over appointments. (Para 12 , 13 , 14) |
| 5. submission on adherence to internal management procedures. (Para 15 , 16) |
| 6. court's acknowledgment of management errors and systemic flaws. (Para 19 , 20 , 21) |
| 7. importance of fair selection procedures in minority institutions. (Para 30 , 31) |
| 8. review judgment allowing retention of appointed headmistress. (Para 37) |
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 da
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
