JUDGMENT Vineet Saran, J.
1. Heard Sri A. D. Saunders, learned counsel for the petitioner, as well as learned standing counsel and Sri S. P. Pandey for the respondents.
2. By means of this writ petition, the petitioner has prayed for quashing of the order dated 5.6.2002, passed by the District Inspector of Schools, Azamgarh, appointing the respondent No. 2, Girish Chandra Srivastava "Khare" as officiating Principal of the college and also attesting his signatures. A further prayer has been made for a direction to the respondent No. 1, the District Inspector of Schools, Azamgarh, to approve and attest the signature of the candidate recommended by the petitioner, Committee of Management as officiating Principal of the Institution.
3. It is the case of the petitioner that Wesley Inter College, Azamgarh, is a Christian Minority Institution run by the petitioner, Committee of Management. In March, 2002, the regular Principal of the college resigned and the petitioner appointed one Pradeep Shepherd as the officiating Principal on 14.5.2002. Admittedly, the respondent No. 2 Girish Chandra Srivastava 'Khare' is the seniormost lecturer of the college and not Pradeep Shepherd. According to the petitioner, since their college has been accorded minority status, they are entitled to protection guaranteed under Article 30(1) of the Constitution of India. The petitioner contends that the provision of the U. P. Intermediate Education Act, 1921, that the seniormost lecturer is to be appointed as officiating Principal of the college, would not be applicable and they are free to appoint any qualified person of their choice as officiating Principal.
4. Accordingly, on a temporary vacancy having arisen, on 14.5.2002, the petitioner, Committee of Management wrote to the District Inspector of Schools, Azamgarh, intimating that Pradeep Shepherd, a lecturer in their college has had been given charge of officiating Principal and requested that his signatures be attested as Principal of the college. The District Inspector of Schools replied on the same date, i.e., 14.5.2002, stating that only the senior most teacher in the highest grade could be given charge as officiating Principal of the college and thus refused to attest the signature of Pradeep Shepherd. In reply to the said communication, the petitioner wrote back on 15.5.2002 and claiming the benefit of minority status of the college, stated that they had a right to manage and administer the college independently. It was thus again requested that since they could appoint any qualified person of their choice, the signature of Pradeep Shepherd be attested as Principal.
5. Thereafter, by the impugned order dated 5.6.2002, the District Inspector of Schools, Azamgarh, directed that as per the rules, the senior most lecturer, namely, Girish Chandra Srivastava 'Khare' was being appointed as the officiating Principal and as such, by the same order his signatures were also attested.
6. Although the same is not in question in this writ petition but it may be relevant to mention that the said order dated 5.6.2002, was challenged by the petitioner by filing a representation before the State Minorities Commission. The Commission, vide its order dated 6.6.2002, directed that status quo as prior to 5.6.2002 be maintained. The respondent No. 2 challenged the said order of the State Minorities Commission by filing a Writ Petition No. 24700 of 2002. However, as the aforesaid order of the State Minorities Commission has since been withdrawn, this Court has already dismissed the aforementioned Writ Petition No. 24700 of 2002.
7. Sri A. D. Saunders, learned counsel for the petitioner has submitted that although in case of a temporary vacancy of Principal arising in a non-minority institution, the Act provides for appointment of the seniormost qualified teacher in the highest grade in the institution as the officiating Principal, but since in the present case, the college is a Christian Minority Institution, the protection under Section 16FF of the U. P. Intermediate Education Act as well as the proviso to Regulation 2 of Chapter II of the regulations framed under the Act would be available to the petitioner, and it would not be necessary for the petitioner to appoint the seniormost teacher as officiating Principal. In support of his submission, he has placed reliance on a decision of the Apex Court rendered in N. Ammad v. Manager, Emjay High School and Ors., JT 1998 (6) SC 221, wherein it has been held that the management of a minority school is free to find out a qualified person either from the staff of the same sshool or from outside to fill up the vacancy and it is for the management of the minority educational institution to choose the modality for selecting the qualified persons for appointment. As such, the learned counsel for the petitioner submitted that the District Inspector of Schools had no power or jurisdiction to appoint the senior most teacher of a minority institution as officiating Principal of the college.
8. This submission of the learned counsel has not been disputed by Sri S. P. Pandey, learned counsel appearing for the respondent No. 2 or the learned standing counsel appearing for the respondent No. 1, the District Inspector of Schools.
9. In such view of the matter, the order dated 5.6.2002 passed by the District Inspector of Schools, Azamgarh, respondent No. 1 directing that the respondent No. 2 being the seniormost teacher of the institution be appointed as the officiating Principal and also attesting his signature, is liable to be set aside.
10. Further, it is not the case of the respondents that the said Pradeep Shepherd, who has been appointed as the officiating Principal of the college by the Committee of Management vide its communication dated 14.5.2002, is not duly qualified for such appointment. In such circumstances, the petitioner being free to appoint any qualified person of their choice as officiating Principal of the Institution, the prayer for the approval and attestation of the signature of Pradeep Shepherd as officiating Principal of Wesley Inter College, Azamgarh, in accordance with the aforesaid communication dated 14.5.2002 (Annexure-4 to the writ petition) deserves to be granted.
11. In the result, the petition is allowed. The Impugned order dated 5.6.2002 passed by the District Inspector of Schools, Azamgarh, is quashed and the respondent No. 1, the District Inspector of Schools, Azamgarh is directed to approve and attest the signature of Pradeep Shepherd as the officiating Principal of the college in pursuance of the communication of the petitioner dated 14.5.2002 (filed as Annexure-4 to the writ petition) within a fortnight from the date of production of a certified copy of this order.