Dismissed

Akhtarunnisa Mohd. Taufique v. Anjuman I. Islam and 5 Ors.

Bombay HC5 Feb 2007WP/1587/2006

Case brief

AI extract

What is this about?

In a writ petition, a teacher challenged the appointment of a junior as Head Master, alleging violation of seniority rules. The High Court dismissed the petition held that as the school is a minority institution, Article 30(1) overrides the strict application of seniority rules.

What did the court decide?

The petition challenging the appointment of the respondent as Head Master was dismissed.

Akhtarunnisa Mohd. Taufique Vs Anjuman I. Islam and… — Education and Admissions | Bombay HC (2007)

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 IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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 ORDINARY ORIGINAL CIVIL JURISDICTION

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 WRIT PETITION NO. 1587 OF 2006

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 Akhtarunnisa Mohd.Taufique .. Petitioner
 Vs.

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 Anjuman I.Islam Urdu Primary
 School and Ors. .. Respondents

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 Mr.M.V.Limaye for the petitioner

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 Mrs.A.K.Savla for the respondent no.5

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 Mr.M.D.Naik, A.G.P. for the respondent no.6

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 Mr.A.J.Uniyal for the respondent no.4

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 Mr.R.M.Vanoo for the respondent no.1 and 2

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 CORAM : J.N.PATEL &
 S.C.DHARMADHIKARI, J

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DATED : 5TH FEBRUARY, 2007

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 P.C.:

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 1. Heard.

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 2. The petitioner has approached this court
 challenging the appointment of respondent no.4,
 Kazi Parvin Abdul Sattar as Head Master in

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 respondent no.1 school.

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 3. The main ground of challenge is that the
 petitioner is one of the seniormost teacher in the
 respondent no.1 Urdu Primary School and, therefore,
 in accordance with the provisions of Brihan Mumbai
 Employees of Private Primary Schools (Condition of
 Service) Rules 1998, Rule 3 which provide for
 Qualifications and appointment of Head Teacher
 clearly lays down that a seniormost trained teacher
 who has put in not less than 5 years service should
 be considered for appointment.

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 4. It is the contention of the petitioner that
 respondent no.4 is junior to the petitioner and
 that the respondent no.2 has appointed respondent
 no.4 as Head Master of Respondent no.1 School by
 ignoring the claim of the petitioner and by
 inviting applications and conducting interview
 which was nothing but a farce.

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 5. On the other hand, it is the contention of
 the respondents that the respondent no.2 has
 selected the Head Master on merits among the senior
 teachers who were within the zone of consideration

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 and respondent no.4 has been selected and appointed

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 as his performance was the best, in addition to the
 fact that respondent no.2 is a minority institution
 who is running the respondent no.1 School and for
 that purpose has placed reliance on the decision of
 the Supreme Court rendered in the case of
 Secretary, Malankara Syrian Catholic College v.
 T.Jose and Ors. reported in 2007 AIR SCW 132.

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 6. In our view, the decision of the Secretary,
 Malankara Syrian Catholic College v. T.Jose and
 Ors. clearly makes out a case in favour of the
 respondent no.2 and though the Rules of 1998 on
 which the petitioner has placed reliance provide
 for appointment of seniormost trained teacher, the
 same will have to be read alongwith Article 30(1),
 for the reason that respondent no.2 is a minority
 institution and therefore, no case is made out by
 the petitioner to call for any interference by this
 court. Hence, the petition is dismissed.

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 ( SHRI J.N. PATEL, J )

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 ( SHRI S.C.DHARMADHIKARI, J )

Akhtarunnisa Mohd. Taufique v. Anjuman I. Islam and 5 Ors.

Case brief

What is this about?

What did the court decide?

Akhtarunnisa Mohd. Taufique v. Anjuman I. Islam and 5 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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