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New Delhi
Government-aided minority-run educational institutions do not have an absolute right to appoint teachers, the Supreme Court ruled on Monday.
A Bench of Justice Arun Mishra and Justice UU Lalit upheld the validity of the West Bengal Madrasah Service Commission Act, 2008, that set up a commission to appoint teachers in government-aided madrasas in the state.
“The provisions of the Commission Act are not violative of the rights of the minority educational institutions on any count,” it said in a 151-page verdict.
The top court said: “The regime put in place by the State legislature thus ensures that the Commission comprising of experts in the field would screen the talent all across the State; will adopt a fair selection procedure and select the best available talent purely on merit basis; and even while nominating, the interest of the minority institution will also be given due weightage and taken care of”.
“The statutory provisions thus seek to achieve ‘excellence’ in education and also seek to promote the interest of the minority institutions. The provisions satisfy the test as culled out in the (Constitution Bench) decision of this Court in TMA Pai Foundation case,” it added.“In the end, we declare all nominations made by the Commission in pursuance of the provisions of the Commission Act to be valid and operative,” the Bench said paving the way for appointment of teachers in madrasas in West Bengal.
“However, if after the disposal of the matters by the high court any appointments are made by the concerned Madarshas, such appointments of teachers shall be deemed to be valid for all purposes. But the Commission shall hereafter be competent to select and nominate teachers to various Madarshas in accordance with the provisions of the Commission Act and the Rules framed thereunder,” it noted.
The ruling came on petitions filed by certain teachers appointed under the Act, including SK Md Rafique, challenging the 2015 verdict Calcutta High Court that had declared the Act violative of Article 30 of the Constitution.
Article 30—which talks about right of minorities to establish and administer educational institutions—says: “All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice”. It also says: “The State shall not, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language”.
The Bench took note of the composition of the Commission with special emphasis on persons having profound knowledge in Islamic Culture and Theology, saying it “would ensure that the special needs and requirements of minority educational institutions will always be taken care of and thus the present case stands on a different footing.”Rafique and others had questioned the High Court’s verdict which had come on a petition filed by managing committees of various madrasas in West Bengal
Upholding the appointment of teachers made by commission constituted under the Act, the top court reversed the High Court’s verdict in the larger interest.
The managing committees of madrasas had contended that the government which provides aid to the minority institutions can only formulate guidelines for appointments of teachers but it cannot appoint them.
The high court accepted their contention and declared the Act unconstitutional, saying it violated Article 30 that gave minority institutions the right to establish and administer educational institutions of their choice. It was this order of the High Court which was in question before the top court.
