The High Court stated that the minorities have the right to establish and administer the educational institutions and it was also guaranteed under the part III of the constitution of India.
- The appointment of teachers and correspondents in the educational institution run by the Tirunelveli Diocese would be available to the particular class.
- The treasurer of the diocese alleged that the bishop was unilaterally made a appointment in the institution.
- The bishop contended that they were appointed on the basis of the diocesan seniority list.
The Court declared that the minority institution had an autonomy in their administration and affirmed that the judicial review would be applicable to the acts of violation of right of an individual eligible candidate under Art. 226 of the Supreme law.
Justice GR Swaminathan held that the petition was allowed and the appointment process would be discriminatory and directed that the vacancies had to be filled with the non-discrimination of caste, religion and other grounds.
The Court mentioned that the institution aided by the government funds would adhere with the principles of secularism.
CASE NAME: Manohar Thangaraj V. Rt.Rev.ARGST Barnabas and Others.
NAME: Viswa ganesh K, BALLB (Hons.), School of Excellence in Law, Dr. Ambedkar Law University, INTERN UNDER LEGAL VIDHIYA.
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