The Gujarat High Court has dismissed multiple petitions challenging the 2021 amendments to the Gujarat Secondary and Higher Secondary Education Act. These amendments grant the state significant authority to dictate the appointment processes for teachers and other staff within private educational institutions, including those run by minority communities.
The decision, issued by a division bench led by Chief Justice Sunita Agarwal, upheld the state’s power to set qualifications and selection methods for the recruitment of teaching and non-teaching staff in private secondary and higher secondary schools. While the detailed judgment has yet to be released, the court’s summary dismissal suggests strong judicial support for the amendments.
Petitioners, representing schools operated by religious and linguistic minority institutions, argued that the amendments infringed upon their constitutional rights. Specifically, they claimed violations of Articles 29 and 30 of the Indian Constitution, which protect the rights of minorities to manage and administer their educational institutions without undue interference.
However, the state government defended the amendments as necessary for ensuring a fair and transparent merit-based selection process for educational staff. This includes the conditions of appointment, promotion, and termination within these schools. Additionally, the legislation allows the Gujarat State School Service Commission to select teachers and headmasters for government-aided private schools, further extending state oversight.
