Minority Educational Institutions and Teacher Appointments: Supreme Court Upholds Rights Under Article 30

The case of Chandana Das (Malakar) v. State of West Bengal revolved around the fundamental right of minority institutions to appoint teachers of their choice, as guaranteed under Article 30 of the Constitution of India. The Supreme Court examined whether Khalsa Girls High School, a linguistic minority institution, was bound to follow state regulations requiring teacher appointments to be approved by the School Service Commission.

The key question in this case was whether a linguistic minority institution had the right to appoint teachers without state interference. A disagreement between two judges in an earlier ruling led to the matter being referred to a three-judge bench for resolution.

Arguments of the Petitioner (Chandana Das)

The petitioner, a teacher appointed at Khalsa Girls High School, contended:

The institution was established by the Sikh community in West Bengal to educate their children in their mother tongue and preserve their culture.
As a linguistic minority institution, the school was entitled to autonomy in appointing teachers under Article 30.
The state’s insistence on appointments through the School Service Commission was an infringement of their fundamental right to administer their institution.
The West Bengal Minority Commission had already recognized the school’s minority status.

Arguments of the Respondent (State of West Bengal)

The state government opposed the petitioner’s claim, arguing:

Since the school had accepted a “special constitution” under Rule 8(3) of the 1969 Rules, it had forfeited its right to claim minority status.
The school had not obtained a formal declaration from the competent authority recognizing it as a minority institution.
The state had the authority to regulate teacher appointments in all aided institutions, including minority institutions.
The school was teaching in Hindi, not Punjabi, which indicated that it was not fulfilling its purpose as a linguistic minority institution.

Supreme Court’s Key Observations

The Supreme Court extensively examined the legal framework governing minority educational institutions, particularly the right to establish and administer institutions under Article 30. The Court made the following critical observations:

“Grant of aid cannot, however, be made subservient to conditions which deprive the institution of their substantive right of administering such institutions.”

“The mechanism provided for making appointments under Rule 28 has no application to minority educational institutions.”

The Court held that the Khalsa Girls High School was a linguistic minority institution entitled to autonomy in teacher appointments. It emphasized that requiring approval from the School Service Commission was an unnecessary state interference in the administration of the institution.

Minority Status and Autonomy

The Court addressed the argument that the school had given up its minority status by accepting a special constitution under Rule 8(3). It ruled:

The school had consistently claimed minority status, as evidenced by its 1976 application.
Merely accepting certain administrative structures did not mean relinquishing fundamental rights.
The fundamental right under Article 30 cannot be waived.

Right to Appoint Teachers

The Court reaffirmed that minority institutions have the right to appoint teachers of their choice, provided they meet eligibility criteria. The ruling cited precedents such as:

St. Xavier’s College v. State of Gujarat, where it was held that state-imposed appointment processes cannot be forced on minority institutions.
T.M.A. Pai Foundation v. State of Karnataka, which confirmed that minority institutions enjoy greater autonomy in administration.
N. Ammad v. Emjay High School, which clarified that a minority institution’s status exists independently of government recognition.

Final Judgment

The Supreme Court ruled in favor of the petitioner, setting aside the decision of the Division Bench of the Calcutta High Court. The judgment affirmed:

The Khalsa Girls High School was a linguistic minority institution.
Rule 28, which mandated appointments through the School Service Commission, did not apply to minority institutions.
The institution had the right to appoint qualified teachers without state interference.
The state government’s argument that the school must first obtain formal minority status was invalid.

Impact of the Judgment

This ruling strengthens the rights of minority institutions by affirming that:

Their fundamental right to administer includes the right to appoint teachers.
State regulations cannot override the constitutional guarantee under Article 30.
Government recognition is not a precondition for asserting minority status.
Accepting administrative frameworks does not mean waiving fundamental rights.

With this ruling, the Supreme Court has reinforced the constitutional protections afforded to minority educational institutions, ensuring they can operate without undue interference while maintaining educational standards.

Petitioner Name: Chandana Das (Malakar).
Respondent Name: State of West Bengal.
Judgment By: Justice R.F. Nariman, Justice R. Subhash Reddy, Justice Surya Kant.
Place Of Incident: West Bengal.
Judgment Date: 25-09-2019.

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