the goan I network
PANAJI
The SC in disposing an appeal filed by one Ivy C da Conceição an economics teacher at the Rosary Higher Secondary School, Navelim against an order of the Diocesan Society of Education, set aside an order by passed by the Bombay High Court at Goa seeking that the High Court hear the matter again while examining whether the appointment was fair.
“Under the constitutional scheme, a “minority institution” is free to select and appoint a principal, without being bound by the principle of seniority alone, whether the appointment has been made fairly and reasonably and whether there is violation of right of an individual eligible candidate by the minority institution by not adopting fair procedure, is liable to be tested in exercise of power of judicial review under Article 226 of the Constitution,” the judgement passed a month back reads.
Since this aspect of the matter has not been gone into by the High Court, we allow this appeal and set aside the impugned order. The matter stands remitted back to the High Court for a fresh decision in accordance with law,” the Supreme Court’s order reads.
The High Court had ruled in favour of the Diocesan Society of Education saying that their autonomy conferred them the right to appoint principals of their own choice.
Conceição claimed she was eligible and qualified for the post of principal and the most competent person among those available for the said post, yet was consistently ignored for promotion to the post in various institutions run by the Diocesan Society.
