The Allahabad High Court has ruled that while the Constitution grants minorities the right to establish and administer educational institutions of their choice under Article 30(1), this right does not exempt them from reasonable state regulations aimed at maintaining academic standards and ensuring quality education.
Justice Manju Rani Chauhan delivered the ruling on October 17 while allowing a petition filed by the management committee of Madrassa Arabiya Shamshul Uloom Sikariganj Ehata Nawab and another. The petition challenged an advertisement issued by the madrassa authorities in Gorakhpur for the appointment of five assistant teachers and one clerk.
“The Constitution undoubtedly guarantees to minorities the right to establish and administer educational institutions of their choice but this right cannot be stretched to claim immunity from reasonable regulations framed to ensure academic excellence and maintain standards of education,” the court observed.
It further held that the right under Article 30(1) must be exercised within the “reasonable regulatory framework” established by the state government. The issuance of recruitment advertisements before the government had framed standards for teacher qualifications was, therefore, “bad in the eyes of law” and violated Article 30(1).
The court noted that a government order dated May 20 had laid down specific directions regarding the selection of teachers in madrassas. Authorities were instructed to strictly comply with these orders during the appointment process.
Despite these directions, the madrassa advertised posts and continued with the recruitment process. The High Court found this action to be in direct contravention of both the government order and the principles laid down by the Supreme Court.
Quashing the advertisement, the court held that any appointments made pursuant to it would be per se illegal. Justice Chauhan made it clear that those appointed under such an invalid process had no right to raise objections or demand a hearing.
In conclusion, the court reaffirmed that the autonomy granted to minority institutions under Article 30(1) does not extend to disregarding statutory norms or state regulations that uphold academic integrity and educational standards.
