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Prasad vs Philipose Mar Dilshus U.P. School on 7 June, 2005 cites

N. Ammad vs The Manager, Emjay High School & Ors on 7 September, 1998

In various Division Bench decisions of this Court as well as in the decision of the decision of the Supreme Court in N. Ammad v. Manager, Emjay High School and Ors., , interpreting the position with respect to Kerala Education Rules itself it was held that the management has got a right to choose qualified persons as headmaster of the school. The Supreme Court observed in paragraph 28 as follows:
Supreme Court of India Cites 11 - Cited by 183 - Full Document

The Ahmedabad St. Xaviers College ... vs State Of Gujarat & Anr on 26 April, 1974

However, we note that the right of the management in selecting headmaster is only from among the qualified persons. It is settled proposition that if qualified person is available, the minority rights protected under Article 30(1) of the Constitution will not enable the management to select unqualified persons in preference to qualified candidates. It was held in various Apex Court decisions that institutions run by minority are also bound by regulations fixing qualifications of teaching and methods to improve standards of education etc. (See: In Re: Kerala Education Bill, 1957, 1958 KLT 465 SC : AIR 1958 SC 956, Ahmedabad St. Xavier's College v. State of Gujarat, AIR 1974 SC 349. Fixing higher qualification for headmaster is to ensure educational standard and excellence. The question is who is qualified amongst the contesting three candidates on 1.8.1994.
Supreme Court of India Cites 153 - Cited by 397 - A N Ray - Full Document
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