Arbitrary appointment of headmaster in a govt aided minority school


A Christian minority school has appointed head master without any appointment process. The Government order says that the management can appoint10% of the total post withou advertisement.I at an assistant headmaster and teachers inchare , and belong to Christianity. I filled case against this appointment, the hon'bel calcutta high court ordered the DI of school to take hearing dispose the case. The DI after hearing issued approval to the head master. The school is minority, I am also minority , without any interviews and appointment process how the school and the DI do such appointment and approval ? I and The appointed head master have eligibility requirements . Is it possible to challenge this case? please guide .

Answers (3)


321 votes

Please note that the appointment of teacher in this School may be within the scope of the School Management, but the ways of this appointment must not be arbitrary or unreasonable or subject to any anarchy. The case is itself a 'Delegated Legislation', the Government is very well empowered to delegate the power to appoint 10% of the total post. But if the Government has not laid down any rules or procedure any rules for appointment, the 'Delegation' will be termed as 'Over Delegation' which is Ultra Vires. And in this case also it seems that the School Management has not followed any procedure. Therefore the delegation itself can be challenged for excess of delegation. You may further challenge the appointment power of the School Management and also the delegation power of the Government.


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159 votes

You should have let the issue of eligibility of your other side tested through the Hon'ble Court at the time of hearing of the writ petition and would have prayed for an order accordingly, however, since the Hon'ble High Court did not go into the merit of your case and also did not adjudicate whether the said individual is eligible or not and directed the DI to take decision in the issue, if you are aggrieved by such decision, you can certainly take such grounds and file another writ petition before the Hon'ble High Court. Our Calcutta High Court on plenty of matters declared plenty of incumbents ineligible for a particular posts. All the best. Regards

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328 votes

Flouting of any of the rules in vogue is a dereliction of duty on part of the school managing committee.If you really need legal course of action against the stated arbitrary and capricious steps taken.by the concerned authority, you may contact me along with all related documents through lawRato.

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