SC ratifies law on appointment of teachers in Madrasas

NEW DELHI: In an important verdict on the administration of, the Supreme Court on Monday confirmed the law framed by West Bengal in 2008 to appoint an independent commission for the appointment of teachers in madrasas.

In defending the constitutional validity of the 'West Bengal Madrasa Service Commission Act, 2008', the trial court ruled that governments or organizations that help minority institutions will now also have the authority not only to recommend future teachers but also name them directly.

The steering committees of several madrasas had questioned the constitutional validity of the 2008 Law, under which the commission decided to appoint teachers in the madrasas.

Under the Law, a Commission was constituted and, according to article 8 of the Law, in spite of everything contained in any other law at the moment or in any contract, custom or use to the contrary, it will be the duty of the Commission select and recommend people to be appointed for vacant teacher positions.

The supreme court ruled that the Law was unconstitutional by saying that it violates Article 30, which says that all minorities will have the right to establish and administer the educational institutions of their choice.

The HC verdict was then questioned in the SC by teachers who were appointed under the new law. The SC granted provisional relief to the teachers appointed under the new law and ordered the state government not to withdraw them from their jobs until the final order and release their salary.

As no appointment was made during the legal dispute that resulted in more than 2,600 vacancies, the apex court in May 2018 allowed filling the positions.

The case and the ruling are expected to resolve an ambiguity in the law, as while governments that finance or assist minority institutions can recommend guidelines for appointments, but so far, they have not been able to make the locations themselves.