THE MANAGER,ST.PAUL’S SCHOOL Vs STATE OF KERALA
Summary of Court Verdict: The Manager,St. Paul’s Higher Secondary School, Kozhinjampara (Palakkad district) vs State of Kerala
Kerala High Court – 19 February 2020
Bench: Justice A.M. Shaffique and Justice Mary Joseph
Case: WA No. 2533/2019 against WP(C) No. 39809/2018
📜 Background of the Case:
St. Paul’s Higher Secondary School, Kozhinjampara (Palakkad district), managed by the Sultanpet Diocese (a Christian minority group), appointed Sri. Jesudas Besky as Principal. However, Smt. P.K. Gracy, a senior teacher, challenged this appointment, claiming seniority was overlooked.
The Regional Deputy Director approved only a temporary “Principal-in-charge” appointment. Later, the Government overturned the appointment, stating the school had not produced valid minority status certification and directed appointment based on seniority.
The Manager approached the High Court, arguing that the institution is a Christian minority institution and, under Article 30(1) of the Constitution, has the right to appoint any qualified person, regardless of seniority.
⚖️ Final Judgment Highlights:
The Division Bench overturned the Single Judge’s decision and ruled in favor of the Manager, reinstating the appointment of Jesudas Besky as Principal.
🏫 Key Legal Findings:
Minority Status Valid Even Without NCMEI Certificate:
While the National Commission for Minority Educational Institutions Act, 2004 (NCMEI Act) allows for formal certification of minority status, such certification is not mandatory.
The minority status is inherent, not conferred — the certificate merely declares an existing status.
Previous Government Orders Recognized Minority Status:
The school’s minority status had been acknowledged earlier in multiple government orders (Exts. P6, P7, P8, P9), going back to 1983.
Government cannot now reverse its stand due to lack of NCMEI certificate, especially when a pending application is already before the NCMEI.
Right to Appoint Principal Protected Under Article 30(1):
Based on Supreme Court precedent (Manager, Corporate Educational Agency v. James Mathew, 2017), a minority institution has absolute right to appoint a head (Principal/Headmaster) of its choice from among qualified candidates, regardless of seniority.
Seniority does not override the institution’s autonomy to select leadership aligned with its ethos and mission.
Single Judge’s Reliance on Overruled Precedent Invalid:
The learned Single Judge relied on precedents that had been overruled by the Supreme Court, making the decision unsustainable in law.
- 📌 Final Outcome:
Writ Appeal Allowed
Single Judge’s Judgment Set Aside
Smt. Gracy’s challenge rejected
Jesudas Besky’s appointment as Principal upheld
🔍 Legal Implications
✅ 1. Strengthening of Minority Rights:
The ruling reaffirms the constitutional autonomy of minority communities under Article 30(1) to manage educational institutions — including hiring decisions.
⚠️ 2. Certification Not Mandatory, But Recommended:
While not legally required, obtaining a certificate from NCMEI helps avoid administrative and legal hurdles — especially when appointments are challenged.
🏫 3. Impact on Teacher Promotions in Minority Schools:
Senior teachers in minority-run schools cannot automatically claim promotion rights based on seniority. Appointments can be made by choice, as long as candidates are qualified.
📚 4. Wider Precedential Value:
The judgment has implications for all aided and unaided minority institutions in Kerala and possibly other states where minority rights and school autonomy are contested.