MADRAS CHRISTIAN COLLEGE ASSOCIATION, REP BY THE CHAIRMAN OF ITS BOARD OF DIRECTORS, DR A BESANT C RAJ, HAVING ITS REGISTERED OFFICE AT MADRAS CHRISTIAN COLLEGE HIGHER SECONDARY SCHOOL, CHENNAI AND DR ALEXANDER MANTRAMURTI, CHENNAI Vs. UNIVERSITY OF MADRAS, REP BY ITS REGISTRAR, CHEPAUK, CHENNAI AND DIRECTORATE OF COLLEGIATE EDUCATION, E V K SAMPATH BUILDINGS, CHENNAI

JUDGEMENT

(1.) The second petitioner was appointed as Principal of the Madras Christian College, Chennai on 31.05.1999 and the same was forwarded to the first respondent / University for approval by the first petitioner / management in their letter dated 31.05.1999. The said request of the first petitioner for approval was rejected by the impugned order of the first respondent dated 29.05.2000. It is against this order, the present writ petition has been filed.

(2.) The questions that arise for consideration in this writ petition are (1) Whether the second petitioner was appointed through direct recruitment or by way of promotion (2) Whether the second petitioner is eligible to be considered for the appointment to the post of Principal when he does not possess minimum 55% of marks in the Post Graduate degree and (3) Whether the first petitioner / a minority institution is empowered to make appointment for the post of Principal without there being a representative of the University in the College governing body to serve as a member of the Selection Committee.

(3.) The right of the minority institution to administer the educational institutions is protected under Article 30 of the Constitution of India wherein it is stated that all minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice. The Supreme Court of India, in more than one case had considered the right of the minority institutions guaranteed under Article 30(1) of the Constitution of India. As early as in the year 1958, a Constitution Bench of the Supreme Court in the judgment reported in KERALA EDUCATION BILL, 1957, RE (A.I.R. 1958 S.C. 956) has observed that the right guaranteed under Article 30(1) is absolute and any law or executive direction which infringes the substance of that right is void to the extent of infringement. In the judgment reported in SINDHARAJBHAI ..VS.. STATE OF GUJARAT (A.I.R. 1963 S.C. 540) the above law was approved by another constitution bench of the Supreme Court, wherein the Supreme Court has observed as follows :