New Delhi: The Supreme Court has held that
minority educational institutions cannot be compelled to
appoint SC, ST teachers even if they are drawing grant-in-aid
from the government.
A Bench of Justices B S Chauhan and Swatanter Kumar said
minorities enjoy special status under Article 30(2) of the
Constitution to set up and operate their schools with their
own set of rules and the government can step in only if
there is maladministration or illegalities.
"The right to establish and administer includes a right
to appoint teachers. Thus, except providing grant-in-aid as
per the Delhi State Education Rules and having no power to
discriminate in terms of Article 30(2) of the Constitution,
the government has a very limited regulatory control over the
minority institutions and no control whatsoever on the
managing committee, internal management of the school and, of
course, has no power to take over such an institution," the
apex court said.
The apex court passed the judgement while upholding an
appeal filed by the Sindhi Education Society challenging a
Delhi government circular issued in September, 1989, addressed
to all the schools that appointment of Scheduled Castes and
Scheduled Tribes candidates is a precondition for receiving
receiving grant-in-aid in terms of Rule 64 of the DSE rules.