Case: Manager, Corporate Educational Agency Vs. James Mathew &amp; Others

assessment of the persons outlook and philosophy and ability to implement its objects. The management is entitled to appoint the person, who according to them is most suited, to head the institution, provided he possesses the qualifications prescribed for the posts. The career advancement prospects of the teaching staff, even those belonging to the same community, should have to yield to the right of the management under Article 30(1) to establish and administer educational institutions.29. Section 57(3) of the Act provides that the post of Principal when filled by promotion is to be made on the basis of seniority-cum-fitness. Section 57(3) trammels the right of the management to take note of merit of the candidate, or the outlook and philosophy of the candidate which will determine whether he is supportive of the objects of the institution. Such a provision clearly interferes with the right of the minority management to have a person of their choice as head of the institution and thus violates Article 30(1). Section 57(3) of the Act cannot therefore apply to minority run educational institutions even if they are aided."(Emphasis supplied)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.6. As far as the validity of the declaration of minority status is concerned, this Court in N. Ammad v. Manager, Emjay High School and Others, [(1998) 6 SCC 674] , has held that the certificate of the declaration of minority status is only a declaration of an existing status. Therefore, there is no question of availability of the status only from the date of declaration. What is declared is a status which was already in existence. Paras 12 and 13 of the Judgment are quoted hereunder :-12. Counsel for both sides conceded that there is no provision in the Act which enables the Government to declare a school as a minority school. If so, a school which is otherwise a minority school would continue to be so whether the Government declared it as such or not. Declaration by the Government is at best only a recognition of an existing fact. Article 30(1) of the Constitution reads thus:"30(1) All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice."13. When the Government declared the school as a minority school it has recognised a factual position that the school was established and is being administered by a minority community. The declaration is only an open acceptance of a legal character which should necessarily have existed antecedent to such declaration. Therefore, we are unable to agree with the contention that the school can claim protection only after the Government declared it as a minority school on 2-8-1994."7. We also have to refer to another faulty stand taken by the High Court in the impugned Judgment regarding the jurisdiction of the National Commission for Minority Educational Institutions. The Commission was established under the National Commission for Minority Educational Institutions Act, 2004 for the purpose of constituting the National Commission for Minority Educational Institutions and to provide assistance for matters connected therewith or incidental thereto.8. Chapter III deals with rights of minority educational institutions. Under Section 10, whosoever desires to establish a minority educational institution, has to apply to the competent authority for a no objection certificate. The competent authority is defined under Section 2(ca) of the Act to mean, the authority appointed by the appropriate government to grant no objection certificate for the establishment of any educational institution of their choice by the minorities.9. Chapter IV deals with functions and powers of the Commission. Under Section 11(f), the Commission has been vested with the power rather the mandate to decide all questions relating to the status of any institution as a minority educational institution and declare its status as such. Section 11 of the Act is quoted hereunder :-"11. Functions of Commission - Notwithstanding anything contained in any other law for the time being in force, the Commission shall - (a) advise the Central Government or any State Government on any question relating to the education of minorities that may be referred to it;(b) enquire, suo motu or on a petition presented to it by any by any minority educational institution or any person on its behalf into complaints regarding deprivation or violation of rights of minorities to establish and administer educational institutions of their choice and any dispute relating to affiliation to a University and report its finding to the appropriate Government for its implementation;(c) intervene in any proceeding involving any deprivation or violation of the educational rights of the minorities before a court with the leave of such court;(d) review the safeguards provided by or under the Constitution, or any law for the time being in force, for the protection of educational rights of the minorities and recommend measures for their effective implementation;(e) specify measures to promote and preserve the minority status and character of institutions of their choice established by minorities;(f) decide all questions relating to the status of any institution as a Minority Educational Institution and declare its status as such;(g) make recommendations to the appropriate Government for the effective implementation of programmes and schemes relating to the Minority Educational Institutions; and(h) do such other acts and things as may be necessary, incidental or conducive to the attainment of all or any of the objects of the Commission."(Emphasis supplied)10. Therefore, 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 thus issues a certificate, it is a declaration of an existing status.

Decision (1 = appeal accepted, 0 = rejected): 1

Explanation:
1[ds]4. We are afraid, the stand taken by the High Court cannot be appreciated. On all the three points, the position is well settled by the Judgments of thisemerging 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.6. As far as the validity of the declaration of minority status is concerned, this Court in N. Ammad v. Manager, Emjay High School and Others, [(1998) 6 SCC 674] , has held that the certificate of the declaration of minority status is only a declaration of an existing status. Therefore, there is no question of availability of the status only from the date of declaration. What is declared is a status which was already in existence.We also have to refer to another faulty stand taken by the High Court in the impugned Judgment regarding the jurisdiction of the National Commission for Minority Educational Institutions. The Commission was established under the National Commission for Minority Educational Institutions Act, 2004 for the purpose of constituting the National Commission for Minority Educational Institutions and to provide assistance for matters connected therewith or incidental thereto.Therefore, 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 thus issues a certificate, it is a declaration of an existing status.