THE MANAGER, CORPORATE EDUCATIONAL AGENCY versus JAMES MATHEW & ORS.

Citation: [2017] 6 S.C.R. 498 · Decided: 11-07-2017 · Supreme Court of India · Bench: KURIAN JOSEPH · Disposal: Appeal(s) allowed

Cited by 2 judgment(s) · cites 3 · see the full citation network in Lexace

Judgment (excerpt)

4 
[2017] 6 S.C.R. 498 
A 
THE MANAGER, CORPORATE EDUCATIONAL AGENCY 
B 
c 
D 
E 
F 
v. 
JAMES MATHEW & ORS. 
(Civil Appeal Nos. 826-827 of 2017) 
JULYII,2017 
[KURIAN JOSEPH AND R. BANUMATHI, JJ.] 
Education/Educational institutions: 
Minority Institutions - Appointment of Headmaster -
Appellant-Minority Institutions chose to appoint a teacher of their 
choice belonging to their respective community to the post of 
Headmaster, ignoring the available senior teachers of the same 
community - High Court interfered with the same - Held: 
Management of a minority aided institution is free to appoint the 
Headmaster or the Principal as the case may be of its own choice 
and has no obligation to appoint the available senior qualified 
member from the same community - Right u/Art.30(/) is absolute -
Courts cannot go into the merits of the choice or rationality or 
propriety of the process of choice - Minority Institutions -
Constitution of India - Art.30(1). 
Minority Institutions - Declaration of minority status - High 
Court held that declaration contained in certificate of Authority 
cannot have retrospective effect - Held: It is only declaration of 
existing status - Therefore, High Court's view was erroneous. 
Jzirtsdiction of National Commission for Minority 
Educational Institutions - High court held that declaration of 
minority status by National Commission is of no avail since 
appellant was an already existing institution and that certificate of 
Commission is meant for minority educational institutions to be newly 
established - Correctness of - Held: Not correct - After the---
establishment of the National Commission for Minority Educational 
G Institutions Act, 2004, it is also within the jurisdiction and mandate 
of the National Commission to issue the certificate regarding the 
status of a minority educational institution -
Once the Commission 
issues a certificate, it is a declaration of an existing status -
National Commission for Minority Educational Institutions Act, 2004 
H - s.2(ca). 
498 
THE MANAGER, CORPORATE EDUCATIONAL AGENCY v. JAMES 
499 
MATHEW & ORS. 
Allowing the appeals, the Court 
A 
HELD: 1. The emerging position is that, once the 
Management of a minority educational institution makes a 
conscious choice of a qualified person from the minority 
community to lead the institution, either as the Headmaster or 
Principal, the court cannot go into the merits of the choice or the 
B 
rationality or propriety of the process of choice. In that regard, 
the right under Article 30(1) is absolute. [Para 5] [503-G] 
Secy. Malankara Syrian Catholic College v. T. Jose and 
Others, (2007) 1 SCC 386: [2006] 9 Suppl. SCR 644; 
TM A Pai Foundation v. State of Karnataka (2002) 8 
SCC 481; P.A. lnamdar v. State of Maharashtra (2005) 
6 SCC 537 : [2005] 2 Suppl. SCR 603; State of Kera/a 
v. Very Rev. Mother Provincial ( 1970) 2 SCC 417 : 
[1971] 1 SCR 734; The Ahmedabad St. Xavier s College 
Society v. State of Gujarat (1974) 1 SCC 717: (1975) 1 
SCR 173; Frank Anthony Public School Employees' 
Association v. Union of India (1986) 4 SCC 707 : 
[1987] 1 SCR 238; Rev. Sidhajbhai v. State of Bombay 
(1963) 3 SCR 837; D.A. V. College v. State of Punjab 
(1971) 2 SCC 269; All Saints High School v. 
Government of A.P. (1980) 2 SCC 478 : [1980) 2 SCR 
924; St. Stephens College v. University of Delhi (1992) 
1 SCC 558 : [1991) 3 Suppl. SCR 121; Board of 
Secondary Education & Teachers Training v. Joint 
Director of Public Instructions (1998) 8 SCC 555 -
relied on. 
2. There is no question of availability of the status only 
from the date of declaration. What is declared is a status which 
was already in existence. [Para 6] [504-A-B] 
c 
D 
E 
F 
3. The Commission was established under the National 
Commission for Minority Educational Institutions Act, 2004 for 
G 
the purpose of constituting the National Commission for Minority 
Educational Institutions and to provide assistance for matters 
connected therewith or incidental thereto. Chapter III deals with 
rights of minority educational institutions. Under Section 10, 
whosoever desires to establish a minority educational institution, 
H 
500 
SUPREME COURT REPORTS 
[2017] 6 S.C.R. 
A has to apply to the competent authority for a 'no objection 
certificate'. The 'competent authority' is defined under Section 
2(ca) of the Act to mean, the authority appointed by the 
appropriate government to grant 'no objection certificate' for the 
establishment of any educational 

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