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1 - 10 of 37 (0.29 seconds)Article 30 in Constitution of India [Constitution]
Article 226 in Constitution of India [Constitution]
Pramati Educational & Cultural ... vs Union Of India & Ors on 6 May, 2014
v) Writ Petition (C)No.416 of 2012 dated 06.05.2014 –
Paramathi Educational and Cultural Trust Vs. UOI and
others
Section 23 in The Right of Children to Free and Compulsory Education Act, 2009 [Entire Act]
The Ahmedabad St. Xaviers College ... vs State Of Gujarat & Anr on 26 April, 1974
'' The decisions of this Court make it clear that in the
matter of appointment of the Principal, the management of a
minority educational institution has a choice. It has been held
that one of the incidents of the right to administer a minority
educational institution is the selection of the Principal. Any
rules which take away this right of the management have
been held to be interfering with the right guaranteed by
Article 30 of the Constitution. In this case, both Julius Prasad
selected by the management and the third respondent are
qualified and eligible for appointment as Principal according
https://www.mhc.tn.gov.in/judis
Page 46 of 56
W.P.Nos.40300 to 40304 of 2016
to rules. The question is whether the management is not
entitled to select a person of their choice. The decisions of this
Court including the decision in State of Kerala v. Very Rev.
Mother Provincial, and Ahmedabad St. Xavier's College
Society v. State of Gujarat, make it clear that this right of the
minority educational institution cannot be taken away by any
rules or regulations or by any enactment made by the State. We
are, therefore, of the opinion that the High Court was not right
in holding otherwise. The State has undoubtedly the power to
regulate the affairs of the minority educational institutions
also in the interest of discipline and excellence. But in that
process, the aforesaid right of the management cannot be
taken away, even if the Government is giving hundred per
cent grant.''
Sk. Md. Rafique vs Managing Committee, Contai Rahamania ... on 6 January, 2020
In the case of Sk.Md.Rafique Vs. Managing Committee,
ContaiRahamania High Madrasah and Ors, reported in
MANU/SC/0004/2020, the Hon'ble Supreme Court of India held as
follows:
State Of Kerala, Etc vs Very Rev. Mother Provincial, Etc on 10 August, 1970
'' The decisions of this Court make it clear that in the
matter of appointment of the Principal, the management of a
minority educational institution has a choice. It has been held
that one of the incidents of the right to administer a minority
educational institution is the selection of the Principal. Any
rules which take away this right of the management have
been held to be interfering with the right guaranteed by
Article 30 of the Constitution. In this case, both Julius Prasad
selected by the management and the third respondent are
qualified and eligible for appointment as Principal according
https://www.mhc.tn.gov.in/judis
Page 46 of 56
W.P.Nos.40300 to 40304 of 2016
to rules. The question is whether the management is not
entitled to select a person of their choice. The decisions of this
Court including the decision in State of Kerala v. Very Rev.
Mother Provincial, and Ahmedabad St. Xavier's College
Society v. State of Gujarat, make it clear that this right of the
minority educational institution cannot be taken away by any
rules or regulations or by any enactment made by the State. We
are, therefore, of the opinion that the High Court was not right
in holding otherwise. The State has undoubtedly the power to
regulate the affairs of the minority educational institutions
also in the interest of discipline and excellence. But in that
process, the aforesaid right of the management cannot be
taken away, even if the Government is giving hundred per
cent grant.''
M. Bhoopathy (Died) And Ors. vs M.S. Vijayalakshmi And Anr. on 9 April, 1965
10. The learned counsel for the petitioners in support of his
contentions relied on the judgment of the Hon'ble Division Bench of this
Court in the case of The Secretary to Government, Government of Tamil
Nadu, Education Department, Fort St.George, Chennai – 6 and others
Vs. S.Jeyalakshmi & another, reported in [2016] (4) L.W.841, the
Division Bench made the following observations: