Government-aided minority institutions have ‘absolute autonomy’ to appoint staff: Delhi HC

The high court said that as per the law, the appointment of any employee in an aided minority school by the managing committee of the school does not require the approval of the DoE. “There is, therefore, absolute autonomy, with the managing committee of any aided minority school, to appoint employees thereto,” the high court underscored.

Referring to various Supreme Court judgments on the issue, Justice Shankar thereafter held, “When the above principles are applied to the facts on hand, the conclusion is inescapable. The petitioner, as an aided minority institution, has an absolute right to appoint the persons whom the petitioner chooses, as principal, teachers and other staff, in the educational institutions run by it. No prior permission or approval of the DoE is required. The extent of regulation by the DoE is limited to prescribing qualifications and experience of the principals and teachers.”

The high court said that so long as the principals and teachers who are appointed possess the “prescribed qualifications and experience”, there can be no restriction whatsoever on the right of the petitioner association to make appointments to fill in the vacancies in the schools run by it.

Justice Shankar further emphasised that the Supreme Court has clearly held in various judgments that the constitution of managing committees (of schools) is also part of the “right to establish and administer minority educational institutions” which is guaranteed by Article 30(1) of the Constitution.

“Inherent in this right would be included the right to decide who would be the manager of the managing committee. It is questionable, therefore, in my view, whether the prescription that there can be no common manager in the managing committees of schools run by one institution can be applied to aided minority institutions such as the respondent,” Justice Shankar said.

The high court further observed that the grant of aid by the state to the minority institution makes no substantial difference to their legal position.

“At the highest, the State can regulate the proper utilisation of the aid which it grants. It cannot subjugate the minority educational institution to its dictates in the matter of appointment of teachers, or principals, on the pretext that it has granted aid to the institution,” the high court said.

Allowing the plea, the high court said that the petitioner association is entitled to make appointments against the vacant posts of principals and teachers in the schools run by it without prior approval of the DoE. It however said that the selection committee would, however, be constituted as per DSE Rules.