Gujarat HC Dismisses Pleas By Linguistic, Religious Minority Schools Against Amendment Enabling State To Regulate Recruitment Of Teachers

The Gujarat High Court on Thursday (January 23) dismissed a batch of writ petitions moved by various linguistic and religious minority schools challenging the 2021 amendments to the Gujarat Secondary and Higher Secondary Education Act which applied a centralised process of recruiting teachers and principals in such schools. 

The division bench of Chief Justice Sunita Agarwal and Justice Pranav Trivedi while pronouncing its order said, "All the writ petitions in this bunch are dismissed". 

A detailed copy of the order is awaited. 

During the hearing the petitioners had argued that they were challenging the amendment as it violates their rights under Article 30 of the Constitution– pertaining to the right of minorities to establish and administer educational institutions. They had said that State can provide rules prescribing qualifications for the teachers but as far as recruitment is concerned that is the “absolute right of the minority institution” so long as the candidates are persons who are “duly qualified”.

Subsequent to the amendments, certain rules were prescribed by the State government pertaining to the selection of the Principal and Teachers in minority schools. The petitioners have also challenged these rules as well These are the 'Principal in the Registered Private Secondary and Higher Secondary Minority Schools (Procedure for Selection) Rules, 2021' and the 'Teachers in the Registered Private Secondary and Higher Secondary Minority Schools (Procedure for Selection) Rules, 2021'.

Meanwhile the State had argued that the amendments to the Gujarat Secondary and Higher Secondary Education Act do not violate fundamental right of minority educational institutions to administer themselves, but aim at ensuring a "fair and transparent process for effecting merit based selection". The State had submitted that all these schools have been provided salary grant and maintenance grant and are absolutely taken care of by the funds of the State. The State had said that the rules do not tinker with right of constituting management committee and that fundamental right of the minorities under Article 30 to administer to establish educational institution is not absolute, but can be subjected to reasonable regulations.

Background

For context, the original act–Gujarat Secondary and Higher Secondary Education Act, 1972 had exempted linguistic and religious minority institutions from the application of Sections 17(26), 34 and 35 of the Act. Section 17(26) lays down the “qualifications, methods of selection and conditions of appointment, promotion and termination of employment and rules for conduct and discipline” of the headmaster, teaching and non teaching staff of registered private secondary schools and registered private higher secondary schools.

Section 34 lays down the Recruitment and conditions of service of persons–which includes teaching staff, appointed in registered private secondary schools or registered private higher secondary schools. Section 34(2) said that the Gujarat Secondary and Higher Secondary Education Board shall regulate the recruitment and conditions of service including conduct and discipline of persons appointed as headmaster, teachers and members of non-teaching staff of registered private secondary schools in the State.

Section 35 states that registered private secondary schools and registered private higher secondary schools are to have “Selection Committees” for recruiting the teaching staff and the head-master of such schools. The amendments to the Act make the applicability of Section 17(26), certain provisions of Section 34 and Section 35 applicable to minority institutions.The State legislative assembly had passed the law in March 2021 which became effective in June that year.

The amendments to the Act make the applicability of Section 17(26), certain provisions of Section 34 and Section 35 applicable to minority institutions.The State legislative assembly had passed the law in March 2021 which became effective in June that year.

Case Title: MOUNT CARMEL HIGH SCHOOL & ANR. v/s STATE OF GUJARAT & ORS and Batch

Case Citation: 2025 LiveLaw (Guj) 13

R/SCA/8081/2021