Minority schools in Gujarat have approached the High Court, challenging the 2021 amendments to the Gujarat Secondary and Higher Secondary Education Act. The amendments implement a centralized process for recruiting teachers and principals, which the schools argue infringes on their constitutional rights under Article 30, which guarantees the rights of minorities to establish and administer educational institutions.
Arguments from Petitioners
Senior advocate Mihir Thakore, representing the petitioner schools, emphasized that the amendments encroach upon the schools' autonomy to appoint teachers and principals. He argued that while the state can prescribe qualifications for these positions, the actual recruitment process should remain the prerogative of the minority institutions. Thakore highlighted that the amendments not only impose a merit-based scrutiny committee but also limit the selection pool to the top 15 candidates, undermining the schools' ability to choose freely from all qualified applicants.
Court's Initial Observations
Chief Justice Sunita Agarwal pointed out that while the state can prescribe administrative rules and provide financial aid, it should not dictate the recruitment process of teachers. The court noted the balance between state regulation for transparency in public employment and the constitutional rights of minority institutions to manage their affairs independently.
Specifics of the Scrutiny Committee
The rules under challenge include the 'Principal in the Registered Private Secondary and Higher Secondary Minority Schools (Procedure for Selection) Rules, 2021' and the 'Teachers in the Registered Private Secondary and Higher Secondary Minority Schools (Procedure for Selection) Rules, 2021'. These rules outline the role of a scrutiny committee in assessing applicants based on the Head Master Aptitude Test (HMAT) and other qualifications. Thakore argued that this committee effectively replaces the management’s role in appointing staff.
Broader Legal Context
The original 1972 Act had exempted minority institutions from certain provisions that regulate recruitment and service conditions in private schools. However, the 2021 amendments have made these provisions applicable to minority schools, prompting the current legal challenge. The High Court is set to continue hearings on this matter, addressing the fundamental question of how state regulation intersects with minority rights under the Constitution.
Case Title and Next Steps
The case, titled "Mount Carmel High School & Anr. v. State of Gujarat & Ors.," will continue its hearings, with the next session scheduled for August 1, 2024. The outcome will significantly impact the governance of minority educational institutions in Gujarat.
Tags: Justice Sunita Agarwal, Chief Justice Sunita Agarwal and Justice Pranav Trivedi, Justice Pranav Trivedi, Linguistic minorities, Article 30 of the Constitution, Fundamental Rights, Violation Of Fundamental Rights, Minority Schools, Gujarat Government, Recruitment Of Teachers, Minority Unaided Educational Institutions, Gujarat Secondary and Higher Secondary Education Act.
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