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Nomination and selection of the teachers- Judgment Analysis


Sk. Md. Rafique vs. Managing Committee, Contai Rahamania High Madrasah & Others


INTRODUCTION

Fundamental rights of minorities in the Constitution protect the rainbow of diverse variations in India and integrate these communities with the mainstream national development. In the case of Sk. Md. Rafique v, Managing Committee, Contai Rahamania High Madrasah & Others, the Hon’ble Supreme Court held that minority educational institutions do not have an absolute right in appointing teachers and State under the regulatory regime of “national interest” can provide them with well-qualified teachers to “achieve excellence in education.” In dispute were Sections 8, 10, 11, and 12 of the Commission Act which mandated the Managing Committee to appoint the candidates recommended by the Commission which hence were claimed to be violative of a minority institution right of choosing its own teachers.

The judgment was divided into 3 categories


DECISIONS UPTO TMA PAI FOUNDATION

  1. In Re: The Kerala Education Bill case, it was held that recommendations made by State Public Services Commission for the appointment of teachers in Government and aided schools were permissible and applicable to all educational institutions

  2. In Rev. Sidharjbhai  Sabhai Case, Supreme Court observed that State regulations are allowed however they must satisfy a dual test - the test of reasonableness, and the test that it is regulative of the educational character of the institution to help make it an effective vehicle of education.

  3. In Ahmedabad St. Xavier’s College Case, Ray C.J. observed that minority institutions have the right to administer institutions which include obligations to render the best to the students. Checks and balances within the shape of regulatory measures are required to make sure the appointment of excellent teachers.

  4. In Bihar State Madrasa Education Board Case it was held that under the guise of regulating educational standards the state is cannot frame regulations which compel the management to surrender its right to administration

DECISION IN TMA PAI FOUNDATION

  1. The rights under Article 30(1) are not absolute. There is no reason why regulations concerning the general welfare of students and teachers should not be made applicable in order to provide a better academic atmosphere when provisions do not interfere with the administration rights given under Article 30(1).

  2. “A balance has to be struck between the two objectives of ensuring the standard of excellence of the institution, and that of preserving the right of the minorities to establish and administer their educational institutions. Regulations that embrace and reconcile the two should be permitted.

  3. The right to establish and administer constitutes -

  • reservation policy,

  • admission policy

  • fee structure,

  • regulation and control by the state and

  • the role of committees dealing with admission

DECISIONS AFTER TMA PAI FOUNDATION.

  1. In P.A. Inamdar case it was held that admission of students in minority unaided professional educational institutions must also be governed on the basis of merit as it was in national interest and welfare

  2. Malankara Syrian Case The right of a minority includes the right to choose a Principle because the Principal of an educational institution is responsible for the functional efficiency, quality of education, and discipline and for maintaining the philosophy of the institution.

Finally concluding the discussion the court divided educational institutions into 2 categories :

  1. One which aims to preserve the heritage, culture, script, and special characteristics of a minority. For the teachers who believe in the special religious ideological characteristics would alone be able to imbibe in the students what these minorities would like to preserve, profess, and propagate.

  2. Second, who impart secular education like Arithmetic, Algebra, Physics, Chemistry, or Geography, for them the intent must be to impart education through the best possible teachers.

The court held that the concept of maximum latitude be given to the management of the minority institutions as they would best decide who would help them in preserving their heritage, culture, or script. However, for the second category, the governing criteria should see that a conducive atmosphere is constructed in order to achieve excellence and impart the best possible education. The nomination and selection of the teachers by the Commission constituted under the provisions of the Commission Act satisfied the “national interest” and the interest of the minority educational institutions and hence were held not to be violative of minority institution's rights.


ABOUT THE AUTHOR

Saumya Dhyani is currently studying law from Army Institute of Law.

They can be contacted at saumyadhyani100@gmail.com

Edited by: Arushi Gupta

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