M. HAMEED Vs. STATE OF KERALA AND ORS.

JUDGEMENT

(1.) The rival claim for the post of Headmaster in an Upper Primary School arises for adjudication in the above writ petition. The issue arose when the Manager, the 6th respondent, threw his mite with the 7th respondent, who is an admitted junior of the petitioner. The petitioner claims the post on the basis of his qualifications and the exemptions available to him, on having crossed the age of 50 and asserts it on the basis of his admitted seniority. The Manager however asserts his right under Article 30(1) of the Constitution of India; the School being a minority institution, established and managed by a minority community.

(2.) The petitioners eligibility on the basis of his qualification and the exemptions available is undisputed. The petitioner also belongs to the same minority community, which is of no help since the Hon'ble Supreme Court and this Court has held that a minority institution can appoint a person of their choice to head the institution as Headmaster, for reason of the pivotal importance of the post in the administration of a School; even overlooking the claim of an admitted senior belonging to the same community {N. Ammad v/s. Manager, Emjay High School : 1998 (6) SCC 674}.

(3.) When the incumbent Headmistress of the School retired on 31.03.2014, the petitioner was the senior most, as is evident from Ext. P1 seniority list. The 7th respondent, who was chosen above the petitioner, was the 4th in the seniority list at the time of arising of vacancy. The only issue to be determined is whether the petitioner was properly overlooked, as has been laid down in the various decisions. One need not labour much, since the position is lucidly stated in Kurian Lizy and Others v/s. State of Kerala and Others [2006 (4) KLT 264 (FB)]. The Full Bench of this Court laid down certain guidelines on the following lines: