Trending News: Arbitrary Recruitment of Teachers will not be possible in madarsa latest news update 2022
Latest Updated On 05/09/2022: The Supreme Court said that aided minority educational institutions/schools/colleges cannot appoint teachers on their own volition. If the government gives them qualified teachers, they will have to be appointed. While pronouncing this decision, the top court declared the West Bengal Madrasa Service Commission Act, 2008 valid.
The Calcutta High Court had struck down Sections 8, 10, 11, 12 of the Madrasa Service Commission Act as unconstitutional. It was said that this provision is in violation of Article 30 (1) of the Constitution, in which minorities have the right to establish and administer educational institutions. The High Court order was challenged in the Supreme Court by the Bengal government and some candidates who were nominated by the Service Commission for madrassas. Thereafter Majna High Madrasa and others again filed a writ petition in the Supreme Court which was dismissed by a bench of Justice Sudhanshu Dhulia.
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The appointment of teachers and non-teachers is not a violation of the rights of minority institutions. The administrative and discipline related control of teachers remains with the institutions. All nominations are valid and enforceable in adoption of the provision of the Service Commission Act.
-Supreme Court
The bench said that the writ petition is completely wrong
Referring to the Pai Foundation case, a bench of Justice Sudhanshu Dhulia in its judgment said that in the TMA Pai Foundation case (1993), an 11-judge bench had found that minority institutions did not have absolute rights under Article 30(1) of the Constitution.
The court said that if they are taking financial assistance from the government, they will have to follow the government's standards of merit and excellence, because it is the government's job to see what the teachers are teaching.
The court said that any deviation from the concept of merit and excellence will not allow minority educational institutions to achieve the set targets. Furthermore, if eligibility is not the only and not the governing criterion, minority institutions may lag behind, instead of keeping pace with non-minority institutions.
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