A CHANDRAN Vs. CHIEF EDUCATIONAL OFFICER

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned counsel for the respondents.

(2.) The petitioner herein is Convenor of Joint Education Board of CSI, Coimbatore Diocese. As per the constitution of the CSI, Coimbatore Diocese, the Convenor of Joint Education Board, is the Convenor of Higher Education Committee also. There are about 160 Educational Institutions under the control of CSI, Coimbatore Diocese and those Educational Institutions are religious minority Institutions. As a Convenor of the Higher Education Committee, he has to recommend candidates for the post of Headmaster, whenever, the said post fall vacant in the school under their Control. Hence, when the post of Headmaster of CSI Boys Higher Secondary School, Coimbatore, fell vacant, on superannuation of Mr.Wilson with effect from 01.07.2018, he was appointed as Convenor of the Selection Committee. But suddenly the Bishop of CSI, Coimbatore Diocese, has illegally usurping the powers of the Convenor and has constituted a fresh Selection Committee appointing the 5th respondent/Mr.K.C.Richard Durai, as its Convenor superseding the earlier selection committee.

(3.) The letter of appointing 5th respondent as Convenor by the 4th respondent and fixing the date of selection as 20.12.2018 is challenged in this Writ Petition on the ground that the CSI Boys Higher Secondary School, Coimbatore, is minority aided Institute, administered by CSI, Coimbatore Diocese, for which the appointment of Headmaster should be based on the recommendation of the Convenor Higher Education Committee, CSI, Coimbatore. The Bishop of the CSI has no power to constitute Selection committee. The said appointment of Selection Committee by the Bishop vide impugned order No.CDC/BO/2609/2018, dated 05.12.2018 is contrary to Chapter II (D) of Diocesan Constitution.