Gujarat HC to hear in Oct challenge to amended education Act affecting minority schools

The 2021 amendments to the Act stipulate that a centralised recruitment policy shall be followed, including in minority institutions, for both teaching and non-teaching staff.

The petitioners have submitted that the right of a minority school to select its teaching staff is guided not only by an assessment of the person’s ability but also by their “outlook and philosophy, which has to be in consonance with the institution”. Prior to the amendments, minority schools had full autonomy to hire staff. The schools have highlighted that such amendments are in violation of the rights guaranteed to minorities under the Constitution.

The amendment also lays down conditions of promotion and termination of employees of minority schools. The amendments stand challenged primarily on the ground that it violates the constitutional rights guaranteed to minority institutions and the changes made to the law “do not seek to preserve the minority character” of the minority schools.

Several petitions were filed in 2021 and the HC at the time had issued notice to the state authorities, following which the authorities had filed responses, opposing the contentions raised by the petitioners.