MISS SHAINDA HASANversusSTATE OF UTTAR PRADESH AND ORS.

                               MISS SHAINDA HASAN
                                                                                     A
                                             v.
                    STATE OF UTTAR PRADESH AND ORS.

                                    APRIL 25, 1990

                    [KULDIP SINGH AND P.B. SAWANT, JJ.]                              B

             Uttar Pradesh State Universities Act, 1973: Section 31(11) Reli-
       gious minority institution-Appointment of Principal-Withholding of
    'T approval by University-Whether violative of Arti~le 30( 1) of the
       Constitution of India, 1950.

              Constitution of India, 1950: Article 30(1). Religious minority         c
        muslim institution-Appointment of Principal-Qualification-
        .. Working knowledge of Urdu"-Held in conformity with the object of
        the Institution.

              Service Law-Appointment-Qualification-Absence of statu-                D
        tory Rules providing power of relaxation-Advertisement must indicate
        that Selection Committee has power of relaxation.

               The respondent college, a religious minority institution, invited
         application for the post of Principal from candidates possessing First or

l        Second class Master's Degree, five years teaching experience and pos-
         session of working knowledge of Urdu. The Selection Committee
       ' selected the appellant by relaxing the qualification of experience in her
                                                                                     E


         favour but the University declined its approval to the appointment
         under Section 31(11) of the Uttar Pradesh State Universities Act, 1973
         and directed the Management Committee to readvertise the post.
                                                                                     F
 ~            The appellant challenged the University's decision before the
        High Court contending that the college being a minority institution any
-~      interference by the University under the Act was violative of Article
        30(1) of the Constitution and that there was no justification to withhold
        the approval.
                                                                                     G
              The High Court rejected the attack on the ground of Article 30 by
        holding that the provisions of the Act were regulatory but held that the
        Selection Committee was not justified in relaxing the qualification and
        that the qualification 'possessing working knowledge of Urdu' was
~·.
        unjust. Hence this appeal by special leave.
                                                                                     H
    700                   SUPREME COURT REPORTS             [1990] 2 S.C.R.

          Dismissing the appeal, this Court,
A
          HELD: I. In the absence of statutory rules providing power of         . --
    relaxation, the advertisement must indicate that the Selectiim Commit-
    tee/Appointing Authority has the power to relax the qualifications. The
    High Court has rightly held the relaxation granted by the Selection
B   Committee to be arbitrary. [702B]

           2. The college being a Muslim minority institution, the prescrib-
    ing of the qualification of possession working knowledge of Urdu for the
    post of Principal, is in.conformity with the object of establishing the
    institution. The said qualification is not unjust. [702B)
c         [In the interest of justice and in view of the facts and circums-
    tances of the case, the Lucknow University and its Vice Chancellor are
    directed to grant the necessary approval to the appointment of the
    appellant to the post of Principal of College, which the appellant is
    holding as a result of the Court orders, with effect from the date she is
D   holding the said post, and the appellant shall be entitled to salary,
    allowances and all other consequential benefits to which a regular
    Principal of the said college would have been entitled.) [702G I

          CIVIL APPELLATE JURISDICTION: Civil Appeal No. 1135

E
    of 1981.

         From the Judgment and Order dated 15.12.1980 of the Allaha-
                                                                                J
    bad High Court in Civil Writ Petition No. 1096 of 1974.

          R.N. Trivedi, R. Ramachandran and Ms. Sadhna Ramachan-
    dran (N .P.) for the Appellant.
F
         Anil Deo Singh, Gopal Subramanium, Ms. S. Dikshit, S.S.
    Hussain, S.A. Syed, R.S.M. Verma and Shakil Ahmed Syed for the
    Respondents.

          The Judgment of the Court was delivered by
G
        KULDIP SINGH, J. Karamat Husain Muslim Girls College,
  Lucknow (hereinafter called the 'College') is being managed by Anju-
  man Muslirnat-e:Hind which is a society registered under the Societies         ~·
  Regisatration Act, 1860. The avowed object of the society is to
  advance the cause of education among the women of India. The Col-
H lege has been recognised by the State of Uttar Pradesh as a religious
                      S. HASAN v. STATE OF U.P. [KULDJP SINGH, J.]             701

          minority institution within the meaning of Article 30(1) of the Con-
                                                                                      A
          stitution of India and is an affiliated associate of Lucknow University.

                The post of lady Principal in the degree section of the college was
          advertised on April 5, 1974 indicating the following qualifications/
          requirements:
                                                                                      B
                (1) First or good second class Masters Degree in any of the
                    subject taught in the institution;

                (2) At least five years experience of teaching degree classes as
                    also administrative experience;

-               (3) Must possess working knowledge of Urdu;                           c
                (4) Willing to reside in the college premises.

                In response to the advertisement the appellant along with others
          applied for the post. The appellant did not fulfil the qualification of     D
          five years experience. She alone appeared for the interview and the
          Selection Committee relaxed the qualification of experience in her
          favour and selected her. The Management thereafter sought the
          approval of the University to appoint the appellant as required under
          Section 31(11) of the Uttar Pradesh State Universities Act, 1973
          (hereinafter called the 'Act'). The University, howevr, declined to         E
          approve and directed the management to re-advertise the post. The
          appellant challenged the decision of the University by way of a writ
          petition under Article 226 of the Constitution of India before the
          Lucknow Bench of the Allahabad High Court on the ground that the
          college being a minority institution any interference by the University
    ·~-
          under the Act is violative of Article 30(1) of the Constitution. It was     F
          also contended that there was no basis or justification to withhold the
          approval.

                 The High Court rejected the attack on the ground of Article 30
          of the Constitution of India by holding that the provisions of the Act
          are regulatory and are primarily for the purpose of maintaining             G
          uniformity, efficiency and standards of education in the minority
          institutions. On the merits the High Court held that the Selection
          Committee was- not justified in relaxing the qualification without
          reserving that right to itself in the advertisement. The High Court also
          found that the qualification "possessing working knowledge of Urdu"
          was unjust. On the above findings the writ petition was dismissed. This     H
    702                   SUPREME COURT REPORTS             f 19901 2 S.C.R.

A   is how the appellant is before us via Article 136 of the Constitution of
    India.

         The High Court has rightly held the relaxation granted by the
  Selection Committee to be arbitrary. In the absence of statutory rules
  providing power of relaxation, the advertisement must indicate that the
B Selection Committee/Appointing Authority has the power to relax the
  qualifications. Regarding "Working knowledge of Urdu" we do not
  agree with the High Court that the said qualification is unjust. The
   college being a Muslim minority institution prescribing the said qualifi-
   cation for the post of Principal, is in conformity with the object of
   establishing the institution.
C         In the view which we are taking in this case it is not necessary to
    go into the argument based on Article 30(1) of the Constitution of
    India.

         We heard the arguments .in this case on February 23, 1990 and
D   adjourned the case with the following order:            ·

                "It is admitted by the parties that as a result of the Court
                orders the appellant Ms. Shainda Hasan is continuing to
                work as Principal in the Karan'tat Husain Muslim Girls Col-
                lege, Lucknow since 1974. Having served the institution for
                over 16 years it would be unjust to make her leave the post.
E               Under the circumstances let the University reconsider the
                whole matter sympathetically."

          The case was taken up in Chambers on April 20, 1990 when Mrs.
    Shobha Dixit learned counsel for the State after obtaining instructions
F   from the University agreed with us that asking the appellant to leave        '
                                                                                 J

    the job after sixteen years would be doing injustice to her.
           Keeping in view the facts and circumstances of the case and in
     the interest of justice we direct the Lucknow University and its Vice
     Chancellor to grant the necessary approval to the appointment of the
     appellant as Principal of Karamat Husain Muslim Girls College, Luck-
G    now, with effect from the date she is holding the said post. We further
     direct that the appellant shall be entitled to the salary ,allowances and
     all other consequential benefits to which a regular principal of the said
     college would have been and is entitled. We dispose of the appeal with
     the above directions. There shall be no order as to costs.

     T.N.A.                                                Appeal dismissed.