Thereafter, adver tisement was published on 24.9.1981 inviting applications for the post of Vice Principal.
They chal lenged the appointment of T.N. Vishwanathan Nair, respondent No.
Virendra Nath Gupta and Mohammad Aslam Kidwai are teachers in the Kerala Educa tion Society Senior Secondary School, New Delhi.
5 as VicePrincipal of the Institution by means of a writ petition before the Delhi High Court under Article 226 of the Constitution of India.
5 for promotion to the post of Vice Principal although he did number fall within the zone of company sideration as he was junior to the appellants at Sl.
The High Court by its order dated January 5, 1982 dismissed the petition in limine.
5 was appointed as a direct recruit to the post of Vice Principal and the Director of Education ap proved his appointment.
On the recommendation of the Selection Committee respondent No.
The DPC recommended the name of T.N. Vishwanathan Nair, respondent No.
The appellants plea that since the Management was interested in appointing respondent No.
The Selection Committee made the selection in accordance with the Rules and found respondent No.
From The Judgment and Order dated 5.1.1982 of the Delhi High Court in Civil Writ Petition No.
The Director of Education rejected the Managements proposal and refused to approve the selection and appointment of respondent No.
Since numbersuitable candidate was available for promotion within the zone of companysideration the Director of education permitted the Managing Committee to advertise the post for filling the same by direct recruitment.
Hence this appeal by special leave.
The Institution is regulated by the provisions of the Delhi School Education Act 1973 hereinafter referred to as the Act and the Rules framed thereunder, namely, Delhi School Education Rules 1973 hereinafter referred to as the Rules.
5 as he belonged to the same school.
The Management of the Institution accepted the recommendation of the DPC and forwarded papers to the Director of Education for approval.
The Society is running the Kerala Education Society Senior Secondary School in New Delhi.
Meanwhile, the appellants made representation to the Director of Education against the selection and appointment of respondent No.
However, Malayalam is an optional subject in VI to XII standard.
sidered the case of teachers of the Insti tution for promotion to the post of Vice Principal and it recommended respondent No.
The Delhi Administration as well as the Education Authorities have recognised the Insti tution as a linguistic minority school.
The Selection Committee as well as the companypetent authority granted relaxation to respondent No.
Further he had ten years experience as .Trained Graduate Teacher and as such he was eligible for direct recruitment under the Rules.
Pursuant to that direction the Management issued advertisement for making the recruit ment.
The Director of Education by his letter dated 2.5.1981 directed the Management of the Institution to fill the post by direct recruitment.
The Kerala Education Society hereinafter referred to as the Society is a Society registered under the Societies Registration Act, XXI of 1960.
5 for promotion but the recommendation of the Selection Committee was number approved by the Director of Education.
Since the knowledge of Malayalam was prescribed as an essen tial qualification, the appellants were number eligible for selection or appointment as they companyld number speak or write Malayalam.
The Rules further companytain a numbereCompetent authority may relax the essential qualifications in excep tional cases of the candidates of the same school, after recording reasons therefor.
5 on the ground that he did number fall within the zone of companysideration according to the Rules and further he did number possess the essential qualification of five years experience as Post Graduate Teacher as required by the Recruitment Rules.
The Institution is aided and recognised by the Delhi Administration.
The ob jects of the Society are i to provide facility for the education of children in the Union Territory of Delhi by making provision for suitable institutions ii to promote the study of Malayalam.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
A sizable number of persons belong ing to State of Kerala who speak Malayalam are residents in Delhi and they companystitute a linguistic minority The Ma layalees have their own language, script and culture, and in order to preserve the same they established the Institution which is administered by the linguistic minority, with the primary purpose of promoting the study of Malayalam and also for preserving their culture, dance, music and other Kerala Arts.
5 to Annexure B to the Rules which prescribes essential qualifications, states Condition of second division relaxable in case of candidates belonging to the same school and also in case of Scheduled Castes Sched uled Tribes.
5, but the same was number approved by the Director of Education.
Teaching of Malayalam in the aforesaid Institution is companypulsory from Classes I to V, as the medium of instruction is Malayalam.
5 to the post of Vice Principal, it manipulated to get his selection made for appointment to the said post, is without any foundation.
In this view there is numbermerit in the second submission made on behalf of the appellants.
1980 and published in the Delhi gazette Extraordinary dated 7.4.
The Selection Committee companysisted five members out of which three were representatives of the Education Department appointed by the Director of Education.
The advertisement stated the essential qualifications being Masters Degree with second division, five years teaching experience as Post Graduate Teacher or ten years teaching experience as Trained Gradu ate Teacher, and also ability to speak and write Malayalam.
The school has 1700 students and more than 60 of parents and guardians belong to the lower income group of Malayalam speaking companymunity.
The Judgment of the Court was delivered by SINGH, J. The two appellants, S Sh.
B. Dattar, S. Wasim Qadi for the Appellants.
5 suitable for appointment to the said post.
C. Mahajan, K.K. Venugopal, G. Viswanatha lyer, R.B. Mishra, Ms. A. Subhashini, Mrs. Baby Krishnan, C.B. Vaidya nathan, K.V. Mohan, Dilip Pillai, P. Kesava Pillai and N. Sudhakaran for the Respondents.
3678 of 1984.
2923 of 1981.
10 in the seniority list.
The Rules prescribe educational and other qualifications.
The DPC made selection from amongst the teachers of the Institution to fill up the post of Vice Principal by promotion in accordance with the aforesaid Rules.
The selection Com mittee, had companysidered the appellants also but it did number find them suitable for promotion, instead it recommended respondent No.
