Minority Benefits

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

Page 57

The State Government or the University is not empowered to require a minority educational institution to seek its approval in the matter of selection/ appointment of initiation of disciplinary action against any member of its teaching or non-teaching staff. The role of the State Government or the University is limited to the extent of ensuring that teachers/ lecturers/ Headmasters/ Principals selected by management of a minority educational institution fulfill the requisite qualifications of eligibility prescribed therefor.
In Lily Kurian vs. Sr. Lewina (1979) 2 SC 124, a provision enabling an aggrieved member of the staff of a college to make an appeal to the Vice-Chancellor against an order of suspension and other penalties was held to be violative of Article 30(1). Again in All Saints High School, Hyderabad vs. State of Andhra Pradesh 1980 (2) SCC 478, a provision contained in Andhra Pradesh Private Educational institution Control Act, 1995 requiring prior approval of the competent authority of all orders of dismissal, removal or reduction in rank passed against a teacher by management of the college was held to be inapplicable to a minority institution.
It has been brought to the notice of the Commission that by the memorandum no. 3-1/78/CP dated 12.10.1981, the University Grants Commission has directed all universities that while framing their statutes/ ordinances/ regulations, they should ensure that these do not infringe with Article 30(1) of the Constitution relating to administration of minority educational institutions.
It has been held by the Supreme Court in State of Himachal Pradesh vs. Parasram AIR SCW 373, that declaration of law made by the Supreme Court cannot be forsaken, under any pretext by any authority. In Brahmo Samaj Education Society vs. State of West Bengal (2004) 6 SCC 224, the Supreme Court has held that "the State Government shall take note of the declarations of law made by this Court in this regard and make suitable amendments to their laws, rules and regulations to bring them in conformity with the principles set out therein.
The importance of the right to appoint Teachers/Lecturers/ Head Masters/ Principals of their choice by the minorities, as an important part of their fundamental right under Article 30 was highlighted in St. Xavier (Supra) thus:
"It is upon the principal and teachers of a college that the tone and temper of an educational institution depend. On them would depend its reputation, the maintenance of discipline and its efficiency in teaching. The right to choose the principal and to have the teaching conducted by teachers appointed by the management after an overall assessment of their outlook and philosophy is perhaps the most important facet of the right to administer an educational institution.......... So long as the persons chosen have the qualifications prescribed by the University, the choice must be left to the management. That is part of the fundamental right of the minorities to administer the educational institution established by them."
Minority Be her