scorecardresearch
Follow Us:
Tuesday, November 30, 2021

Minority schools cannot be compelled to absorb surplus teachers: HC

Upholding the right of minority institutions, the division bench said that the state government cannot direct such institutions to absorb surplus employees from other schools.

By: PTI | Nagpur |
December 12, 2016 4:34:52 pm
surplus teachers, minority schools, amravati, bombay high court, Justice Vasanti Naik, Justice Swapna Naik, amravati education officer, maharashtra education, education news, indian express Citing the recent judgement of the High Court in Canossa Society, Mumbai vs Commissioner, Social Welfare, Pune, the petitioner sought quashing of order. (Bombay High Court)

The Bombay High Court has said that minority educational institutions cannot be compelled to absorb surplus teachers unless the institutions concur with the same. A division bench of Justices Vasanti Naik and Swapna Naik, while upholding the right of minority institutions, said the state government cannot direct such institutions to absorb surplus employees from other schools.

The HC quashed the action of Amravati Education Officer directing a minority school to absorb surplus teachers. While allowing a petition filed by Shri Balmukund Rathi Shikshan Sanstha in Chandur Bazar in Amravati district, the HC made it clear that authorities have no right to compel minority-run educational institutions to absorb teachers declared surplus by the Education Officer.

According to petitioner-institution, Education Officer (Secondary), Zilla Parishad, Amravati ordered it on September 14 and 15, 2016 to absorb two assistant teachers in the school run by it.

The institution resisted the order claiming it was a minority institution and State Government cannot direct such institutions to absorb surplus employees of other schools unless the minority institution concurs with the absorption.

Citing the recent judgement of the High Court in Canossa Society, Mumbai vs Commissioner, Social Welfare, Pune, the petitioner sought quashing of order.

Respondent authorities justified the order stating that petitioner-institutions were issued certificate as minority institutions only on September 23, 2016 while the orders were passed before that on September 14 and 15, 2016. Hence the petitioner would be required to absorb the teachers in the school.

The High Court also rejected the contention of order-first-minority status later argument forwarded by the respondent authorities.

Advocate Prashant Shende appeared for the petitioner while AGP G R Tiwari represented the authorities.

For more education news, click here

📣 The Indian Express is now on Telegram. Click here to join our channel (@indianexpress) and stay updated with the latest headlines

For all the latest Education News, download Indian Express App.

  • Newsguard
  • The Indian Express website has been rated GREEN for its credibility and trustworthiness by Newsguard, a global service that rates news sources for their journalistic standards.
  • Newsguard
Advertisement
Advertisement
Advertisement
Advertisement