New Delhi, The Delhi High Court has said that an aided minority institution does not require any prior permission or approval from the Directorate of Education (DoE) for the appointment of principal, teachers or other staff.
Justice C Hari Shankar, in a judgment passed on May 28, said that an aided minority institution has the absolute right to appoint a person of its choice and the extent of the DoE's regulation extends to determining the qualifications and experience for the posts of principal and teacher. is limited.
The court order was passed on the petition of Delhi Tamil Educatio Association, which runs seven aided linguistic minority schools with a per capita strength of 6,879 students.
The association, represented by advocate Romi Chacko, approached the court alleging that the DoE was not giving it approval to fill four vacant posts of principals and 108 posts of teachers out of 374 sanctioned posts, and also announced a Has demanded that he does not need it. Approval from the Directorate to fill the vacant posts
The petitioner pointed out that Article 30(1) of the Constitution of India guarantees a minority institution the full right to establish administration.Ruling in favor of the petitioner, the court said that the grant of aid by the State to a minority institution does not make any "substantial difference" to the legal position which confers on such institutions the power to recruit staff.
The court said, the State may regulate the proper utilization of the aid, but I cannot subject a minority educational institution to its orders in the matter of appointment of teachers or principals.
Noting that about one-third of the sanctioned teacher posts in the association schools have not yet been filled, the bench said that the Delhi School Education Rules relating to recruitment of school heads and teachers include DOE nominees in the selection. Has been imagined. Committee.
However, these nominees are merely "advisers" with no power to vote or actually control the selection of the employee."Therefore, they are members of the selection committee only in form and not in substance. They cannot play any role in the selection of any of the principals or teachers in the schools run by the aided minority institution. Effectively, the DOE has no There is no role." Control over the appointment of teachers or principals in the aided minority schools run by the petitioner,” the court said.
It said, “Therefore, statutorily, no approval of DOE is required for the appointment of any employee by the Managing Committee of the school in an aided minority school.,
In view of the legal framework, the court held that there is no bar on the association filling up the vacant posts of principal and teachers in the school run by it.
It said that as long as the appointed principals and teachers have the prescribed qualifications and experience, no restriction can be placed on the right of the petitioner to make appointments to fill the vacancies in its schools.
“The extent of regulation by DOE is limited to determining the qualifications and experience of principals and teachers,” it said.
The court rejected the Directorate's objection to all 'managing committees' of schools run by the Delhi Tamil Education Association having only one person acting as general manager, saying the committee was also constituted for the purpose of establishment and administration of minority educational institutions. Is equal to rights. Guaranteed by Article 30(1) of the Constitution.The bench said that the fact that a person can be a manager in more than one managing committees is clearly, in the worst case, a curable defect and therefore there is no validity in refusing to permit the petitioner to fill up the vacancies. Cannot be a basis.
Justice C Hari Shankar, in a judgment passed on May 28, said that an aided minority institution has the absolute right to appoint a person of its choice and the extent of the DoE's regulation extends to determining the qualifications and experience for the posts of principal and teacher. is limited.
The court order was passed on the petition of Delhi Tamil Educatio Association, which runs seven aided linguistic minority schools with a per capita strength of 6,879 students.
The association, represented by advocate Romi Chacko, approached the court alleging that the DoE was not giving it approval to fill four vacant posts of principals and 108 posts of teachers out of 374 sanctioned posts, and also announced a Has demanded that he does not need it. Approval from the Directorate to fill the vacant posts
The petitioner pointed out that Article 30(1) of the Constitution of India guarantees a minority institution the full right to establish administration.Ruling in favor of the petitioner, the court said that the grant of aid by the State to a minority institution does not make any "substantial difference" to the legal position which confers on such institutions the power to recruit staff.
The court said, the State may regulate the proper utilization of the aid, but I cannot subject a minority educational institution to its orders in the matter of appointment of teachers or principals.
Noting that about one-third of the sanctioned teacher posts in the association schools have not yet been filled, the bench said that the Delhi School Education Rules relating to recruitment of school heads and teachers include DOE nominees in the selection. Has been imagined. Committee.
However, these nominees are merely "advisers" with no power to vote or actually control the selection of the employee."Therefore, they are members of the selection committee only in form and not in substance. They cannot play any role in the selection of any of the principals or teachers in the schools run by the aided minority institution. Effectively, the DOE has no There is no role." Control over the appointment of teachers or principals in the aided minority schools run by the petitioner,” the court said.
It said, “Therefore, statutorily, no approval of DOE is required for the appointment of any employee by the Managing Committee of the school in an aided minority school.,
In view of the legal framework, the court held that there is no bar on the association filling up the vacant posts of principal and teachers in the school run by it.
It said that as long as the appointed principals and teachers have the prescribed qualifications and experience, no restriction can be placed on the right of the petitioner to make appointments to fill the vacancies in its schools.
“The extent of regulation by DOE is limited to determining the qualifications and experience of principals and teachers,” it said.
The court rejected the Directorate's objection to all 'managing committees' of schools run by the Delhi Tamil Education Association having only one person acting as general manager, saying the committee was also constituted for the purpose of establishment and administration of minority educational institutions. Is equal to rights. Guaranteed by Article 30(1) of the Constitution.The bench said that the fact that a person can be a manager in more than one managing committees is clearly, in the worst case, a curable defect and therefore there is no validity in refusing to permit the petitioner to fill up the vacancies. Cannot be a basis.
