Courts Can't Interfere in Appointment of Qualified Principal From Minority

Community: Delhi High Court

Delhi high Court ordered that Minority Aided Institutions are free To Appoint Qualified
Principal From Minority Community and Courts Can't Interfere on the same. This was seen
in the case of BIRPAL SINGH v. NUTAN MARATHI SENIOR SECONDARY SCHOOL
& ORS (W.P.(C) 1901/2015 & CM APPL. 3402/2015). And the case was presided over by
single judge bench of HON’BLE MR. JUSTICE CHANDRA DHARI SINGH.

Facts of the case-

The selection committee appointed Birpal Singh (petitioner) for the post of PGT (Maths) in
the school in the year 1994. The post of the Vice Principal fell vacant, as the then Vice
Principal was promoted to the post of Principal in the year 2009. During the period from
2009 to 2011 petitioner sent letters, representations, and reminders to the school's
management to promote him to the said post.

In 2012 a D.P.C meeting was conducted by the school after which Binu Chaudhary was
recommended for the post of Vice-Principal. However, the appointment was rejected with
retrospective effect as not being in accordance with the Recruitment rules. The said
communication was also challenged in the High Court by way of a different petition. During
this time only a writ petition was filed by the Petitioner before High Court, wherein he
challenged the conduct of the school in not holding the D.P.C. for three years and praying
that the school holds the D.P.C. Thereafter Both the pleas were rejected vide a common
judgment.

Judgement-

The High court was of the view that Every linguistic minority may have its own social,
economic and cultural limitations. It has a constitutional right to conserve such culture and
language. Thus, it would also have a right to choose teachers, who possess the eligibility and
qualifications, as provided, without really being influenced by the fact of their religion and
community and the same can be done by the process defined by the school management.
Linguistic and cultural compatibility can be legitimately claimed as one of the desirable
features of a linguistic minority in relation to selection of eligible and qualified teachers.

"The rights of Minority Institutions are protected under various specialized legislations and
are also backed by assurance of enforcement. Being part of their rudimentary rights, the
rights of Minority Institution are invested with sanctity and a position higher than that of the
ordinary law and, consequently every legal provision or executive action must conform to the
mandates implied for the welfare of the community," the Court said.

Furthermore the court said that management of a minority aided school is free to choose any
person as the staff or the Head of the institution, provided he or she fulfils the qualification
laid down by the State.