SMITHA KRISHNAN Vs. DIRECTORATE OF EDUCATION AND ORS.

JUDGEMENT

(1.) THIS writ petition filed by the petitioner Ms. Smitha Krishnan seeks the relief of her appointment with the respondent no. 2 -school after cancelling the appointment of the respondent no. 4. The post in question is of an Assistant Teacher (OBC). Learned counsel for respondent nos. 2 and 3 -Society has drawn my attention to the judgment of the Supreme Court in the case of Sindhi Education Society and Anr. Vs. Chief Secretary, Govt. of NCT of Delhi and Ors. : (2010) 8 SCC 49 in support of the proposition that since the respondent no. 3 is a minority school, it has a complete right to appoint its teachers, subject of course to the qualification which are prescribed by the Director of Education. Reliance is placed upon paras 102, 111 to 113 of the said judgment, which read as under: -

(2.) A reading of the aforesaid paras shows that a minority institution has complete right to choose the teachers it wants to appoint subject of course to the requirement of qualifications as prescribed by the Director of Education.

(3.) THE only cause of action as pleaded in the present petition is that the petitioner claim that she was a better person to be appointed for the post in question than the respondent no. 4. In my opinion, whether it was the petitioner who was a better candidate or it was the respondent no. 4, is the sole prerogative of the selection committee of the school. The selection committee of the school has taken a decision that the respondent no. 4 was better suited to the post than the petitioner. Once the decision is taken unless the selection committee was not constituted in accordance with the law, and which is not the case of the petitioner, or that the action of the selection committee is totally de hors the rules or malafides, the petitioner cannot challenge the action of the respondent nos. 2 and 3 in appointing the respondent no. 4. Since, the writ petition only refers to the petitioner being better than the respondent no. 4, in my opinion, the decision of the selection committee cannot be challenged as per the cause of action as averred in the writ petition. In view of the above, there is no merit in the writ petition, which is accordingly dismissed, leaving the parties to bear their own costs.