Minority institutions have the constitutional right to appoint principals without state interference, recognizing their entitlement under Article 30 of the Constitution.

1. The 1st petitioner is the Corporate Manager of T.D. Schools, Thuravoor, Alappuzha, an educational agency governed by the provisions of the Kerala Education Act and the Rules framed thereunder. The petitioner has approached this Court, being aggrieved by Ext.P9 order issued by the Regional Deputy Director rejecting their request for appointing the 2nd petitioner as Principal of the T.D.Higher Secondary School, Thuravoor. The specific contention of the petitioners is that the order issued by the RDD cannot be sustained as the management of a minority institution has the right to choose a qualified person as the Principal of the school, and the said right is well insulated by the protective cover of Art.30(1) of the Constitution of India , however, subject to the appointee having the qualifications and fulfilling the conditions for service to the post. Being aggrieved by the order of rejection of the approval, the petitioners are before this Court seeking the following reliefs:
i. call for the records leading to Ext.P9 and quash the same by the issuance of a writ of certiorari or any other appropriate writ, order or direction.
ii. issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents 1 to 4 to approve the appointment of the 2nd petitioner by promotion as Principal of TD Higher Secondary School, Thuravoor w.e.f. 01.04.2020 on regular basis forthwith and grant her all consequential service and monetary benefits, including back wages.

2. Short facts for deciding the issue involved are as under:
The T.D.Schools, Thuravoor, is stated to be an educational agency set up for the social and economic upliftment of the members of the Gowda Saraswatha Brahmin Community. The above community speaks the Konkani ianguage, a distinct ianguage for the purpose of Art.29 and Art.30 of the Constitution of India .

3. The petitioners assert in the writ petition that in addition to various educational institutions, the 1st petitioner also runs two Higher Secondary Schools, viz., the T.D. Higher Secondary School, Thuravoor, T.D. Higher Secondary School, Alappuzha, and the Teachers Training Institute at Thuravoor. The 1st petitioner appointed the 2nd petitioner as the Principal of T.D. Higher Secondary School, Thuravoor, in the vacancy that arose consequent to the retirement of a certain teacher. According to the petitioners, the 1st petitioner is entitled to protection under Art.30(1) of the Constitution of India , and the 2nd petitioner, being qualified and having the requisite conditions of service, was appointed without reckoning the seniority.

4. According to the petitioners, the Government had earlier issued Ext.P7 order on 20.03.1999 upholding the appointment of Smt. Vilasini Bai, recognizing the fact that the school enjoys the privilege under Art.30(1). The petitioners contend that the Government has also issued Ext.P8 order ordering that Konkani linguistic minorities have the right to select all the candidates for training in the training schools run by them in view of the fact that they are a linguistic minority community and entitled to the protection guaranteed under Art.30(1) of the Constitution of India .

5. According to the petitioners, it was by ignoring Exts. P7 and P8, the 4th respondent has issued Ext.P9 letter informing that the above Government Orders cannot be relied upon to conclude that the schools run by the 1st petitioner have acquired any minority rights.

6. The petitioners, in the above circumstances, approached the Government and have filed numerous representations to consider their request for being included in the category of a