Govt can’t ‘dictate recruitment procedure’ in minority schools: Calcutta High Court directs to approve teacher’s appointment

Justice Arijit Banerjee made the observations on February 10.

“The right to organize their internal affairs and controlling other aspects of administration including recruitment of staff, teaching and non-teaching, is absolute, subject only to Government’s right to prescribe minimum qualification for teachers to be appointed by such minority institutions,” the court observed on February 10.

The court held that any other form of interference by the state in the management of the affairs of a minority educational institution would amount to infringement of its fundamental right under Article 30 of the Constitution.

Article 30 deals with the right of minorities to establish and administer educational institutions.

Background

• The respondent school, a minority institution protected under Article 30(1) of the Constitution, had issued a recruitment notice in July 2023 for the post of PGT (Biology).
• The petitioner-woman participated in the selection process and was unanimously recommended by a selection committee.
• However, in April 2024, the directorate declined approval on the grounds that prior permission had not been obtained before initiating the recruitment process.
• The school subsequently restarted the recruitment process after obtaining prior approval. Once again, the petitioner emerged as the top candidate and was unanimously recommended by the Selection Committee in March 2025.
• Approval was again withheld by the directorate on two grounds: the school’s recruitment rules did not align with the directorate’s recruitment rules notified in November 2019. The inclusion of a “demo class” as part of the selection process was said to be contrary to government instructions.

Findings

• The nature and extent of the constitutional right guaranteed to the minorities by Article 30 have been discussed in several decisions of the Supreme Court.
• The right to organise their internal affairs and control other aspects of administration, including recruitment of staff, teaching and non-teaching, is absolute, subject only to the Government’s right to prescribe minimum qualifications for teachers to be appointed by such minority institutions.
• Unless the teachers have a minimum standard, the institution will not be able to achieve educational excellence.
• It would appear that the educational qualification/eligibility criteria specified by the respondent school in its vacancy notice are higher and more stringent than those prescribed by the recruitment rules published by the Directorate of Education for the same post. This is perfectly permissible.
• Nothing would prevent a minority institution from prescribing eligibility qualifications for its teachers that are higher than those prescribed by the government.
• This would only enhance the standard of the institution and the quality of education rendered there. The only restriction on the respondent school is that it cannot specify eligibility qualifications that are less than those specified by the government. That is not the case here.
• No justifiable reason for the administration to withhold approval for the appointment of the petitioner in the vacant post of PGT (Biology) in the respondent school.
• It is not the requirement of law that the recruitment rules of a minority institution must be identical with or absolutely similar to the rules prescribed by the government.
• Insofar as the issue of demo-class is concerned, the administration has taken a stand that the government has done away with interviews for recruitment to certain classes of posts.
• According to the administration, demo class is also a form of an interview. Hence, the recruitment rules of the school are at variance with the government recruitment rules on that score also.
• Just because the government has abolished interviews in connection with the recruitment process for certain kinds of posts, that does not mean that the respondent minority school is also bound to follow that course.
• A minority institution is free to decide on the procedure or mechanism of recruitment as it deems fit and in the best interest of the institution. The government cannot dictate a minority institution in the matter of the procedure for recruitment that it must follow.