THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.1211 of 2011 ORDER: The petitioner is an educational institution at Railway Kodur, established by Southern Andhra Lutheran Churches (S.A.L.C.), a Society registered under the A.P. Societies Registration Act. The In-charge Head Master of the Institution, by name Michael Manohar retired from service on attaining the age of superannuation. The petitioner states that the next senior most Teacher, by name Smt.R.Padmaja, respondent No.4 herein, expressed her unwillingness to be appointed as Headmistress on account of her ill-health and that proposals were submitted for appointment of one Sri J.D.J.Kataksham as Head Master. Its grievance is that the District Educational Officer, Kadapa, respondent No.3 herein, issued proceedings, dated 04.11.2010, appointing Smt.R.Padmaja as Headmistress. According to it, the management of the institution has appointed Sri Kataksham as Head Master and that respondent No.3 has no option to approve the said appointment. Heard the learned counsel for the petitioner, the learned Government Pleader for School Education and the learned counsel for respondent No.4. While admitting the writ petition, this Court passed an interim order on 27.08.2011 directing respondent No.3 to pass fresh orders by referring to various developments that have taken place. Stating to be in compliance with the said order, respondent No.3 issued proceedings, dated 23.09.2011. He mentioned that the order, dated 04.11.2010, was issued on the basis of seniority and after obtaining remarks of the Deputy Educational Officer, Rayachoty. He has also referred to the letter, dated 14.01.2011, said to have been issued by the Chairman, S.A.L.C., Tirupathi, recommending the name of respondent No.4 herein. The whole basis for the petitioner to insist on appointment of Sri Kataksham as Head Master is the alleged unwillingness expressed by respondent No.4. The learned counsel for respondent No.4 submits that his client never expressed her unwillingness. Though respondent No.3 ought to have waited till the management has taken a decision, he has proceeded to appoint respondent No.4 as Headmistress based upon the seniority. A Minority Educational Institution has its own right to appoint a Head Master of its choice, subject, of course, to compliance with certain rules. Added to the existing uncertainty, there appears to be disputes in the management of the S.A.L.C. While one group recommended the name of Sri Kataksham for appointment as Head Master, the other group appears to have recommended the name of respondent No.4. In this scenario, respondent No.3 cannot be expected to take any independent decision. Hence, the writ petition is disposed of directing that it shall be open to the petitioner and the S.A.L.C. to submit fresh proposals for approval of the appointment of Head Master for the institution. As and when such proposals are submitted, respondent No.3 shall examine the same, duly issuing notice to any agency, which according to him, has grievance. Till this exercise is completed, Respondent No.4 shall function as In- charge Headmistress, unless she expresses her unwillingness. There shall be no order as to costs. _____________________ L.NARASIMHA REDDY,J Dt: 08.11.2011. Note: Issue cc in three days. (B/o) kdl