New Delhi: The Supreme Court has ruled that
government can regulate recruitment of staff in aided minority
educational institutions and such restrictions cannot be
termed as "unconstitutional" or disturbing the minority
character of the organisation.
Article 30 of the Constitution provides special rights to
minority communities to set up and administer their own
educational institutions without governmental interference.
"In our considered view, we do not see this to be the
interference in the selection process. It would be perfectly
all right for a minority institution to select the candidates
without any interference from the government.
"However, the requirement of this prior approval is
necessitated because it is for the government to see as to
whether there was actually posts available in the said
institution as per the strength of students and secondly;
whether the candidates, who were sought to be appointed, were
having the requisite qualifications," a bench of justices
V S Sirpurkar and Deepak Verma observed.
The apex court passed the ruling while upholding the
Constitutional validity of a circular issued by the Gujarat
government that mandated the grant-in-aid minority educational
institutions to obtain prior approval of the government for
appointment of teaching or non-teaching staff.
Bureau Report
