Minority Benefits

Author(s): Babita Jain
Publisher: Shrut Samvardhan Samsthan

Page 56

The minority character of a minority educational institution is not impaired so long as the Constitution of the Managing Committee/ Governing Body provides for an effective majority to the members of the minority community. The State Government/ Statutory authorities cannot induct their nominees in the Managing Committee/Governing Body of a minority educational institution. The introduction of an outside authority, however high it may be, either directly or through its nominees in the Managing Committee/ Governing Body of the minority educational institution to conduct the affairs of the institution would be completely destructive of the fundamental right guaranteed by Article 30(1) of the Constitution and would reduce the management to a helpless entity having no real say in the matter and thus destroy the very personality and individuality of the institution which is fully protected by Article
30 of the Constitution. (b) to appoint teaching staff (Teachers/ Lecturers and Head Masters/
Principals) also non-teaching staff; and to take action if there is
dereliction of duty on the part of any of its employees. Autonomy in administration means right to administer effectively and to manage and conduct the affairs of the institution. The State or any University/ Statutory authority can not under the cover or garb of adopting regulatory measures destroy the administrative autonomy of a minority educational institution or start interfering with the administration of the management of the institution so as to render the right of the administration of the institution concerned nugatory or iilusory. The State Government or a University cannot regulate the method or procedure for appointment of Teachers Lecturers Headmasters/ Principals of a minority educational institution. Once a Teacher/ Lecturer/ Headmaster/ Principal possessing the requisite qualifications prescribed by the State or the University has been selected by the management of the minority educational institution by adopting any rational procedure of selection, the State Government or the University would have no right to veto the selection of those teachers etc.
The State Government or the University cannot apply rules/regulations/ ordinances to a minority educational institution, which would have the effect of transferring control over selection of staff from the institution concerned to the State Government or the University, and thus, in effect allow the State Government or the University to select the staff for the institution, directly interfering with the right of the minorities guaranteed under Article 30(1). Composition of the Selection Committee for appointment of teaching staff of a minority educational institution should not be such as would reduce the management to a helpless entity having no real say in the matter of selection/ appointment of staff and thus destroy the very personality and individuality of the institution which is fully protected by Article 30(1) of the Constitution.
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artty Benefits