The government may regulate the appointment of teachers in minority assisted institutions, not the violation of Article 30: SC

NEW DELHI: In an important trial that could be related to the operation of all minorities assisted by the government throughout the country, the Supreme Court held on Monday that such institutions cannot claim that they have the absolute right to decide the appointment of teachers and that can be regulated by a government to guarantee excellence in the delivery of education.

A bank of judges Arum Mishra and U U Lalit confirmed the constitutional validity of the Madrasas Service Commission of West Bengal Act, 2008, according to which the selection and appointment of teachers in the madrassas must be decided by a commission. He set aside the verdict declaring several provisions of the law unconstitutional for violating what he says that all minorities, whether by religion or language, will have the right to establish and administer the educational institutions of their choice.

Holding that the good quality of education cannot be compromised in national interest, regardless of whether it is minority or majority educational institutions, the trial court ruled that the government's decision to establish a regulatory mechanism for the appointment of teachers it was tantamount to interfering with the administration of the HC.

By differentiating between secular and religious education, the bank said that the administration of minority institutions could receive maximum latitude to make a decision, since they are the best judges of what would help them protect and preserve heritage, culture, the script or such special characteristics or characteristics of interested minorities.

“However, when it comes to the second category, the government criterion must be to ensure that the most favorable environment is established where the institution achieves excellence and provides the best possible education ... If the subjects of the curriculum are purely secular, that is, subjects such as arithmetic, algebra, physics, chemistry or geography, the intention should be to provide education with the best possible teachers, the bank said.

Referring to the verdict of 11 SC judges in the case of the TMA Pai Foundation, the bank said that a balance must be maintained between two objectives: one to guarantee the institution's standard of excellence and the other preserving the right of minorities to establish and manage their educational institutions The essence of Article 30 (1) was also affirmed: to guarantee equal treatment between majority and minority institutions and that the rules and regulations would apply equally to majority institutions, as well as minority institutions , said.

Therefore, following the decision of eleven judges of this Court, as long as the principles established therein are fulfilled, it is permissible if any regulation seeks to guarantee the standard of excellence of the institutions while preserving the right of minorities to establish and manage their educational institutions, he said.

The court approved the order in a lot of petitions filed by the state and the teachers who were appointed under the new law that challenges the HC verdict. As their recruitment under the law became invalid after the HC verdict, they approached SC through attorney MR Shamshad and the state argued that the law did not interfere in the daily administration of Madarsas, but only intended to appoint Top qualified teachers.

By accepting his statement, the higher court revived the law and allowed the commission to appoint teachers in more than 600 Madarsas throughout the state. He said HC failed to declare the law unconstitutional.

The regime established by the state legislature thus ensures that the Commission, composed of experts in the field, will examine talent throughout the State, adopt a fair selection procedure and select the best talent available solely on merit, and even while nominating, the The minority institution's interest will also have due weight and will be taken care of. Therefore, legal provisions seek to achieve excellence in education and also seek to promote the interest of minority institutions. The provisions satisfy the test as determined in the decision, ”he said.

In issuing the ruling in 2017, the HC maintained that the law took away the right conferred by the Constitution that minorities will administer the institutions according to their choice. “The right of the Commission to select and recommend teachers for these institutions in a very important way interferes with the right to administer those institutions, which makes a constitutional mandate virtually ineffective. The perception of a prevailing social reality cannot avoid constitutional protection, ”said the HC.