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Gujarat HC upholds state’s power on recruitment in minority schools
The high court was hearing a bunch of writ petitions by aided minority institutions in the state that sought to challenge the validity of the amended act
The Gujarat high court in a recent order upheld the amendments to the Gujarat Secondary and Higher Secondary Education Act (2021), which empowers the state to regulate the recruitment of teachers and principals in religious and linguistic minority schools. The court order was made available on Monday.
The court was hearing a bunch of writ petitions by aided minority institutions (both religious and linguistic) in the state that sought to challenge the validity of the amended act, on the ground that it offended the fundamental rights of the minorities guaranteed under Articles 29 and 30 of the Constitution of India to establish and administer educational institutions of their choice.
“More than 325 institutions challenged the 2021 Act amendments. They can either accept the verdict or file a review petition or can even challenge it in the Supreme Court. The state government had already implemented similar rules and guidelines for majority institutions over a decade ago before implementing them for minority institutions (religious and linguistic). In Gujarat alone, about 1,800 to 2,000 such institutions will be covered by this court order,” said Bhasker Patel, an education expert and president of Gujarat State School Management Association.
“The power of the state to regulate, though, is not unfettered or unlimited but mere conferment of power by enabling provisions itself, cannot be perceived as infringement of the protection of Article 30 (1) of the Constitution. The Article states that all minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice,” the court said.
