MISS SHAINDA HASAN versus STATE OF UTTAR PRADESH AND ORS.

Citation: [1990] 2 S.C.R. 699 · Decided: 25-04-1990 · Supreme Court of India · Bench: KULDIP SINGH · Disposal: Dismissed

Cited by 1 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

MISS SHAINDA HASAN 
v. 
STATE OF UTTAR PRADESH AND ORS. 
APRIL 25, 1990 
[KULDIP SINGH AND P.B. SAWANT, JJ.] 
Uttar Pradesh State Universities Act, 1973: Section 31(11) Reli-
gious minority institution-Appointment of Principal-Withholding of 
'T approval by University-Whether violative of Arti~le 30( 1) of the 
Constitution of India, 1950. 
Constitution of India, 1950: Article 30(1). Religious minority 
muslim 
institution-Appointment 
of Principal-Qualification-
.. Working knowledge of Urdu"-Held in conformity with the object of 
the Institution. 
A 
B 
c 
Service Law-Appointment-Qualification-Absence of statu-
D 
tory Rules providing power of relaxation-Advertisement must indicate 
l 
that Selection Committee has power of relaxation. 
The respondent college, a religious minority institution, invited 
application for the post of Principal from candidates possessing First or 
Second class Master's Degree, five years teaching experience and pos-
session of working knowledge of Urdu. The Selection Committee 
' selected the appellant by relaxing the qualification of experience in her 
favour but the University declined its approval to the appointment 
under Section 31(11) of the Uttar Pradesh State Universities Act, 1973 
and directed the Management Committee to readvertise the post. 
~ 
The appellant challenged the University's decision before the 
High Court contending that the college being a minority institution any 
-~ 
interference by the University under the Act was violative of Article 
30(1) of the Constitution and that there was no justification to withhold 
the approval. 
~·. 
The High Court rejected the attack on the ground of Article 30 by 
holding that the provisions of the Act were regulatory but held that the 
Selection Committee was not justified in relaxing the qualification and 
that the qualification 'possessing working knowledge of Urdu' was 
unjust. Hence this appeal by special leave. 
E 
F 
G 
H 
A 
700 
SUPREME COURT REPORTS 
[1990] 2 S.C.R. 
Dismissing the appeal, this Court, 
HELD: I. In the absence of statutory rules providing power of 
. --
relaxation, the advertisement must indicate that the Selectiim Commit-
tee/Appointing Authority has the power to relax the qualifications. The 
High Court has rightly held the relaxation granted by the Selection 
B 
Committee to be arbitrary. [702B] 
c 
D 
E 
F 
G 
2. The college being a Muslim minority institution, the prescrib-
ing of the qualification of possession working knowledge of Urdu for the 
post of Principal, is in.conformity with the object of establishing the 
institution. The said qualification is not unjust. [702B) 
[In the interest of justice and in view of the facts and circums-
tances of the case, the Lucknow University and its Vice Chancellor are 
directed to grant the necessary approval to the appointment of the 
appellant to the post of Principal of College, which the appellant is 
holding as a result of the Court orders, with effect from the date she is 
holding the said post, and the appellant shall be entitled to salary, 
allowances and all other consequential benefits to which a regular 
Principal of the said college would have been entitled.) [702G I 
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 1135 
of 1981. 
From the Judgment and Order dated 15.12.1980 of the Allaha-
bad High Court in Civil Writ Petition No. 1096 of 1974. 
R.N. Trivedi, R. Ramachandran and Ms. Sadhna Ramachan-
dran (N .P.) for the Appellant. 
Anil Deo Singh, Gopal Subramanium, Ms. S. Dikshit, S.S. 
Hussain, S.A. Syed, R.S.M. Verma and Shakil Ahmed Syed for the 
Respondents. 
The Judgment of the Court was delivered by 
KULDIP SINGH, J. Karamat Husain Muslim Girls College, 
Lucknow (hereinafter called the 'College') is being managed by Anju-
J
man Muslirnat-e:Hind which is a society registered under the Societies 
~·
Regisatration Act, 1860. The avowed object of the society is to 
advance the cause of education among the women of India. The Col-
H lege has been recognised by the State of Uttar Pradesh as a religious 
-
·~-
S. HASAN v. STATE OF U.P. [KULDJP SINGH, J.] 
701 
minority institution within the meaning of Article 30(1) of the Con-
stitution of India and is an affiliated associate of Lucknow University. 
The post of lady Principal in the degree section of the college was 
advertised on April 5, 1974 indicating the following qualifications/ 
requirements: 
(1) First or good second class Masters Degree in any of the 
subject taught in the institution; 

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