SHAINDA HASAN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Karamat Husain Muslim Girls College, Lucknow (hereinafter called the 'College') is being managed by Anjuman Muslim-e-Hind which is a society registered under the Societies Registration Act, 1860. The avowed object of the society is to advance the cause of education among the women of India. The College has been recognised by the State of Uttar Pradesh as a religious minority institution within the meaning of Art. 30(1) of the Constitution of India and is an affiliated associate of Lucknow University.

(2.) The post of lady Principal in the degree section of the college was advertised on April 5, 1974 indicating the following qualifications / requirements:-

(3.) In response to the advertisement the appellant along with others applied for the post. The appellant did not fulfil the qualification of five years experience. She alone appeared for the interview and the Selection Committee relaxed the qualification of experience in her favour and selected her. The Management thereafter sought the approval of the University to appoint the appellant as required under S. 31 (11) of the Uttar Pradesh State Universities Act, 1973 (hereinafter called the 'Act'). The University, however, declined to approve and directed the management to re-advertise the post. The appellant challenged the decision of the University by way of a writ petition under Art. 226 of the Constitution of India before the Lucknow Bench of the Allahabad High Court on the ground that the college being a minority institution any interference by the University under the Act is violative of Art. 30(1) of the Constitution. It was also contended that there was no basis of justification to withhold the approval.