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Constitutional law

MRS. IVY C.DA.CONCEICAO versus STATE OF GOA & ORS.

Minority institution's autonomy to appoint principal does not exclude requirement of fair and transparent process; judicial review under Article 226 may examine if fair procedure was followed and if rights of eligible candidates were violated. Since High Court did not consider fairness, its judgment was set aside and remitted for fresh consideration.

Source excerpt

  • Minority educational institutions
  • Judicial review
  • Appointment of principal
  • Fair selection process
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Service law

BHOLANATH MUKHERJEE & ORS. versus R.K. MISSION V. CENTENARY COLLEGE & ORS.

Upon retirement of the appellants, no relief could be granted to them even if appointment was held illegal; proceedings became academic, and there was no basis for treating the writ as public interest or quo warranto as originally not pleaded or maintainable given the facts.

Source excerpt

  • Appointment of principal
  • Seniority and qualification in service
  • Academic and minority institutions
  • Service dispute
  • Locus standi in public interest litigation
  • Quo warranto
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Service law

V. RANGANATHAN versus N. BASKARAN AND ORS.

The selection process for appointment of Principal was fair, transparent and reasonable, the selected candidate fulfilled the eligibility criteria, and the petitioner was not within the zone of consideration, thus no reason to interfere with the High Court's order allowing the appointment.

Source excerpt

  • Appointment of principal
  • Opportunity of hearing
  • Reserved category appointment
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Service law

BAR COUNCIL OF INDIA versus BOARD OF MANG. DAYANAND COLLEGE OF LAW AND ORS.

Appointment of Principal to a law college must adhere to both the procedures under the State University Act and the qualification requirements of the Advocates Act and Bar Council of India Rules; courts must harmoniously construe provisions to avoid jeopardizing students’ legal careers by appointing unqualified principals.

Source excerpt

  • Appointment of principal
  • Legal education standards
  • Conflict between state and central legislation
  • Recognition of law colleges
  • Qualification requirements for principal
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Constitutional law

THE SECRETARY, MALANKARA SYRIAN CATHOLIC COLLEGE versus T. JOSE AND ORS.

Section 57(3) of the Kerala University Act, 1974, requiring appointment of Principal by promotion on the basis of seniority-cum-fitness, interferes with the minority institution’s right to select its Principal, a vital facet of the right to administer under Article 30(1); thus Section 57(3) cannot apply to minority-run educational institutions even if they receive State aid.

Source excerpt

  • Article 30
  • Minority rights
  • Education institutions
  • State aid
  • Administration of educational institutions
  • Appointment of principal
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Education law

SMT. RAJ KUMARI CECIL versus MANAGING COMMITTEE OF LAXMI NARAIN BHAGWATI DEVI VIDYA MANDIR, GIRLS HIGH SCHOOL

Appellant's appointment as Principal was not approved by competent authority; absence of approval meant there was no requirement to obtain consent for termination. Appellant ceased to be Headmistress upon upgradation and did not have a case for retaining her post.

Source excerpt

  • Appointment of principal
  • Approval of appointment
  • Termination of service
  • Qualifications for teaching posts
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Civil service law

DR. PRIT SINGH versus S.K. MANGAL AND ORS.

On the date of appointment, the appellant did not possess the requisite qualifications as prescribed, specifically a consistently good academic record with first or high second class (minimum 55%) marks in a Master's Degree in an academic subject; hence his appointment as Principal was invalid.

Source excerpt

  • Appointment of principal
  • Qualifications for academic positions
  • Approval by vice-chancellor
  • Amendment of qualification requirements
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Constitutional law

MISS SHAINDA HASAN versus STATE OF UTTAR PRADESH AND ORS.

The Selection Committee arbitrarily relaxed the qualification of experience without explicit power or advertisement notification; however, the requirement of working knowledge of Urdu is lawful and justified for a minority college Principal.

Source excerpt

  • Minority institutions
  • Appointment of principal
  • Qualifications
  • University regulatory powers
  • Article 30(1)
  • Relaxation of qualifications
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Administrative law

DR. RAI SHIVENDRA BAHADUR versus THE GOVER.NFNG BODY OF THE NALANDA COLLEGE

Mandamus cannot issue unless there is a statutory duty and a corresponding legal right to enforce its performance. The appellant has not shown any enforceable right under the University Statutes to be appointed or reinstated as Principal; thus, the writ cannot be issued.

Source excerpt

  • Writ of mandamus
  • Appointment of principal
  • Statutory duties
  • Legal rights under statutes
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India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

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