Minority Institutions Can Be Judicially Reviewed: Rules Apex Court

Judicial Review of Principal's appointment in Minority Institutions
Judicial Review of Principal’s appointment in Minority Institutions

 

It is the Landmark judgment one of its kind where the Apex Court ruled that the process of appointment of the Principal of the Minority institutions amenable to the judicial review. The judgment came in the civil appeal of Ivy C.DA. Conceicao v. State of Goa and Ors. The bench comprised of Justices Adarsh Kumar Goel and Uday Umesh Lalit.

An appeal was filed by Mrs. Ivy C.DA. Conceicao against the Judgment of Bombay High Court at Goa which declined her writ petition, challenging the appointment of the principal of Rosary Higher Secondary School managed by Diocesan Society.

The petitioner contented that her juniors are being appointed as principals in the schools run by the Society. Furthermore she contends that it is not up to the minority institution to act arbitrarily or unfairness while considering the eligible candidates. Also that the right conferred in the Article 30 of the constitution i.e. right of autonomy can be subjected to the judicial review.

Whereas the Management argued that it had autonomy in the selection. Furthermore it contended that the seniority is not the only criteria for the selection.

KEY HIGHLIGHTS OF THE DECISION

  • Autonomy does not invite to act in an unfair or non transparent manner.
  • High Court entitled to examine the fairness of the selection procedure under Article 226 of the Constitution.
  • Minority institution has freedom and discretion to appoint the principal by not being bound only to the seniority criteria.

 

Fate of the case:

The case was remitted back to the high court for the fresh decision as per the law on the point.

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Vrinda Chauhan
I am sincere, honest and dedicated when it comes to work. “To seek knowledge from cradle to grave” is what inspires me to work hard. Although having done no moot court, voluntarily, but do have a real writing experience which eventually became my forte. Having six internships’ experience at hand, want to make every writing opportunity the best to learn from, something to give and something to take!

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