SC: Restrictions Imposed on the Right to Administer Any Minority Educational Institution Considered Ultra Vires

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The Supreme Court heard the case of Committee of Management Hafiz Mohammad Siddique Islamia Inter College & Anr. v State of Uttar Pradesh & Ors. The Bench comprised Hon’ble Justice Ashok Bhushan, Hon’ble Justice R. Subhash Reddy, and Hon’ble Justice M.R. Shah.

Brief Facts

The UP Government issued an Order on 12.03.2018. This stated the amendment to Regulation-17, Chapter II of the Regulations under the U.P. Intermediate Education Act, 1921. According to the recent amendment, the Act required monitoring of the selection of teaching staff by a private recruitment agency through the Joint Director of Education (JDE) or the District Inspector of Schools (DIOS).

Moreover, the application forms for all teaching staff posts including that of headmaster were to go through the JDE or DIOS. The agency shall conduct a written test or screening and then recommend 5 names for each vacancy to the college management.

The college will then conduct an interview and shall appoint a suitable person. The screening test conducted by the private agency shall constitute 90 marks of the total evaluation whereas the interview process will be worth 10 marks.

The Petitioners challenged this amendment submitting that the above-mentioned amendment gave the power of appointment to an ‘unidentified’ or ‘undefined’ Private Recruitment Agency. This violates the Right of Management guaranteed to minority educational institutions under Article 30 of the Indian Constitution. It was further stated that the process of selection is vague and will not be instrumental in improving the quality of education. 

Court’s Observation

The Court stated that the High Court has taken away the Petitioner’s right under Article 30 and conveniently forgotten the Judgment given by an 11-Judge Bench in T.M.A Pai case. The above-mentioned case specifically mentions that the control of day-to-day management such as the appointment of teaching and non-teaching staff of a minority institution shall not be by an external agency.

The Court further opined that the Right to select and appoint teaching and non-teaching staff is the most important facet of the Right to Administer a minority educational institution and any restrictions imposed on the same would be a violation of the Constitution. 

Court’s Decision

Thus, the Court directed the State Government to not make appointments according to the amended State law. Subsequently, the Apex Court rejected the prayer for the stay of the Judgment of the High Court and allowed the Petition.


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