Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Education/Educational institutions: Minority Institutions - Appointment of Headmaster |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Education/Educational institutions: Minority Institutions - Appointment of Headmaster - Appellant-Minority Institutions chose to appoint a teacher of their choice belonging to their respective community to the post of Headmaster, ignoring the available senior teachers of the same community - High Court interfered with the same - Held: Management of a minority aided institution is free to appoint the Headmaster or the Principal as the case may be of its own choice and has no obligation to appoint the available senior qualified member from the same community - Right u/Art.30(1) is absolute - Courts cannot go into the merits of the choice or rationality or propriety of the process of choice - Minority Institutions - Constitution of India - Art.30(1). Minority Institutions - Declaration of minority status - High Court held that declaration contained in certificate of Authority cannot have retrospective effect - Held: It is only declaration of existing status - Therefore, High Court's view was erroneous. Jzirtsdiction of National Commission for Minority Educational Institutions - High court held that declaration of minority status by National Commission is of no avail since appellant was an already existing institution and that certificate of Commission is meant for minority educational institutions to be newly established - Correctness of - Held: Not correct - After the--- establishment of the National Commission for Minority Educational Institutions Act, 2004, it is also within the jurisdiction and mandate of the National Commission to issue the certificate regarding the status of a minority educational institution - Once the Commission issues a certificate, it is a declaration of an existing status - National Commission for Minority Educational Institutions Act, 2004 - s.2(ca). |
Judge | Hon'ble Mr. Justice Kurian Joseph |
Neutral Citation | 2017 INSC 605 |
Petitioner | The Manager, Corporate Educational Agency |
Respondent | James Mathew & Ors. |
SCR | [2017] 6 S.C.R. 498 |
Judgement Date | 2017-07-11 |
Case Number | 826-827 |
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