Aided Minority Institutions Have Absolute Right To Appoint Principals, Teachers; DoE Can Only Prescribe Qualification & Experience: Delhi HC

The Delhi High Court has ruled that aided minority institutions have an absolute right to appoint the Principals, teachers and other staff in the educational institutions run by them.

“The grant of aid, by the State, to the minority institution, makes no substantial difference to this legal position. At the highest, the State can regulate the proper utilization of the aid which it grants. It cannot subjugate the minority educational institution to its dictates in the matter of appointment of teachers, or Principals, on the pretext that it has granted aid to the institution,” Justice C Hari Shankar said.

Referring to various judgments on the issue, the court observed that the scheme of the Delhi School Education Act, 1973, is to give greater freedom to aided minority institutions and not to impinge on their minority status.

“The laws made by the State to regulate administration of educational institutions which receive grant-in-aid, if they interfered with the overall administrative control by the management over the staff, or abridged or diluted the right to establish and administer educational institutions, would not be applicable to minorities,” it said.

The court also observed that the State has no right of interfere in the establishment, administration and management of a school run by a linguistic minority except to regulate within permissible limits.

“A linguistic minority is entitled to conserve its language and culture by virtue of Article 29(1) of the Constitution. It is entitled, therefore, to select people who satisfy the prescribed criteria, qualification and eligibility and ensure better cultural and linguistic compatibility to the minority institution,” the court said.

Justice Shankar was dealing with a plea moved by Delhi Tamil Education Association seeking a declaration that it does not require clearance of the Directorate of Education (DoE) to fill up the vacant posts of Principal and teachers. It also sought a direction on the DoE to provide the necessary clearance post haste.

The court said the extent of regulation by the DoE is limited to prescribing qualifications and experience of the Principals and teachers and so long as the Principals and teachers who are appointed possess the prescribed qualifications and experience, there can be no restriction on the right of the petitioner Association to make appointments to fill in the vacancies in the schools run by it.

“It is accordingly held that the petitioner is entitled to make appointments against the vacant posts of Principals and teachers in the schools run by it without prior approval of the DoE,” the court said and quashed the order rejecting the petitioner Association's request for filling up of 52 vacant posts.

Counsel for Petitioner: Mr. Romy Chacko and Mr. Sachin Singh Dalal, Advs

Counsel for Respondents: Mr. Yeeshu Jain, ASC with Ms. Jyoti Tyagi and Mr. Hitanshu Mishra, Advs

Title: DELHI TAMIL EDUCATION ASSOCIATION v. DIRECTOR OF EDUCATION AND ORS

Citation: 2024 LiveLaw (Del) 659

Click here to read order