The Supreme Court on Tuesday took up a petition challenging the Gujarat High Court’s affirmation of the 2021 amendments to the Gujarat Secondary and Higher Secondary Education (GSHSE) Act. These amendments allow the state government to set rules concerning the recruitment of teachers and principals in schools run by linguistic and religious minorities.
Justices Surya Kant and N Kotiswar Singh issued a notice to the Gujarat government seeking a response, but declined to stay the amendments pending a full hearing. Senior Advocate CU Singh, representing petitioners St Xaviers High School Loyola Hall and others, argued that the High Court’s ruling conflicts with previous Supreme Court judgments established by nine-judge and 11-judge benches.
The amendments in question, upheld by the High Court on January 23, grant the state authority to stipulate minimum qualifications and criteria for school staff. However, the petitioners contend that the state should not interfere with the appointment of principals and teachers, citing the autonomy traditionally granted to minority educational institutions under Article 30 of the Indian Constitution.
During the hearing, Justice Surya Kant noted the High Court’s observation that the selection or executive committees in such institutions should predominantly consist of members from the minority community. Despite this, Advocate Singh highlighted that in the current instance, the committee was fully appointed by the state, including all 11 members, raising concerns about the state’s overreach into minority institution governance.
The Gujarat High Court had previously ruled that while the state’s power to regulate is not without limits, the simple act of empowering the state through legislative amendments does not itself violate the constitutional protections afforded to minority educational institutions.
