Judgment : These two writ petitions are filed by one S.N. Esmail Middle School, represented by its Secretary. 2. W.P. No. 9492 of 2005 has been filed by the School challenging the order of the second respondent District Elementary Educational Officer, Ramanathapuram for refusing to grant approval for filling up the post of Junior Grade Teacher by stating that the petitioner, must follow the communal roster and the particular vacancy is reserved for a candidate belonging to Scheduled Caste and Scheduled Tribe communities. 3. Pursuant to the order dated 22.8.2005, a reminder letter dated 29.9.2005 was also given to the petitioners School to recruit in terms of the communal roster and intimate to their office accordingly. An interim stay was granted by this Court on 24.10.2005. Notwithstanding the attempt made by the respondent to vacate the stay in W.V.M.P. No. 231 of 2006 it was not fruitful and the same is pending. 4. In the meanwhile, the petitioner had approached the State Government to declare them as a Minority Institution and accordingly, the State Government by G.O. (ID) No. 23 School Education (X2) Department dated 5.2.2007, had declared the petitioners school as a religious minority school. In view of the said declaration, the petitioners school has full protection of Article 30(1) of the Constitution. 5. In W.P. No. 5242 of 2007 the petitioner has sought for approval to the appointment of one Miss. M.L. Ameena Parveen, who was appointed in the said school as a Secondary Grade Teacher with effect from 25.4.2005 consequent on the voluntary retirement given by one teacher with effect from 13.4.2006. The fact that once the petitioners institution is recognised as a minority institution, the question of following the communal roster does not arise. The appointment of the teacher or other persons in the said school the provisions relating to prescription of communal roster in the matter of appointment does not arise. 6. Though the declaration of the School by the Government was obtained only by G.O.M.S.23 dated 5.2.2007 it recognises the status of the said school. Therefore, the school having been declared as the minority institution, has the protection under Article 30(1) of the Constitution. 7. 6. Though the declaration of the School by the Government was obtained only by G.O.M.S.23 dated 5.2.2007 it recognises the status of the said school. Therefore, the school having been declared as the minority institution, has the protection under Article 30(1) of the Constitution. 7. TheSupreme Courtvide its judgment in the case of N. Ammad v. Management, Etajay High School and Others N. Ammad v. Management, Etajay High School and Others N. Ammad v. Management, Etajay High School and Others AIR 1999 SC 50 : (1998) 6 SCC 674 : 1999-III-LLJ-1470 : (1998) Supp MLJ 43 had held that the declaration made by the Government on a School as a minority the declaration is only an open acceptance of a legal character which should necessarily have existed anterior to such declaration. The following passage found in paragraph 13, may be usefully reproduced at p. 46 of MLJ: “ 13. When the Government declared the school as a minority school it has recognized factual position that the school was established and is being administered by a minority community. The declaration is only an open acceptance of a legal character which should necessarily have existed antecedent to such declaration. Therefore, we are unable to agree with the contention that the school can claim protection only after the Government declared it as a minority school on 2.8.1994.” 8. Under these circumstances, both the writ petitions will stand allowed. The respondents are directed to grant approval to the post of Secondary Grade Teacher held by Miss. M.L. Ameena Parveen with effect from 25.4.2005 and also to release the necessary grant to the said post within a period of eight weeks from the date of receipt of a copy of this order. Consequently, connected Miscellaneous Petitions are closed. No costs.