Minority Institutions Have The Right To Appoint Qualified Person As Principal From The Community Ignoring Seniority [Read Judgment]

The Supreme Court recently held that minority educational institutions have absolute right to appoint qualified persons as Principal from the community ignoring seniority.

“The emerging position is that, once the Management of a minority educational institution makes a conscious choice of a qualified person from the minority community to lead the institution, either as the Headmaster or Principal, the court cannot go into the merits of the choice or the rationality or propriety of the process of choice. In that regard, the right under Article 30(1) is absolute,” the Bench comprising Justice Kurian Joseph and Justice R. Banumathi observed.

The Court was hearing an Appeal filed by a minority educational institution, challenging an order passed by the High Court, wherein it had been held that the management of a minority educational institution has no absolute freedom to appoint a person of their choice, and that they cannot overlook the qualified and senior teachers belonging to the same community.

The Supreme Court, however, noted that this was not the case in light of several judicial precedents which have held that the management of a minority aided educational institution is free to appoint the Headmaster or the Principal of its own choice and has no obligation to appoint the available senior qualified member from the same community.

“We are afraid, the stand taken by the High Court cannot be appreciated,” the Bench observed, setting aside the impugned High Court judgment.