Supreme Court Issues Notice On Pleas Challenging Gujarat Law Regulating Teacher & Principal Recruitment In Minority Schools

The Supreme Court today issued notice on pleas challenging the Gujarat High Court order which upheld 2021 amendments to the Gujarat Secondary and Higher Secondary Education (GSHSE) Act allowing the state to make rules regarding recruitment of teachers and principals in linguistic and religious minority schools.

A bench of Justices Surya Kant and N Kotiswar Singh passed the order, after hearing Senior Advocate CU Singh on behalf of the petitioners.

In support of the petitioners' case, Singh argued that in arriving at the impugned decision, the High Court disregarded 9-judge and 11-judge bench judgments of the Supreme Court, while largely following S.K. Mohd. Rafique v. Contai Rahamania High Madrasah (2 judges). He also cited the recent judgment in the Aligarh Muslim University case to support his argument.

"There is a consistent and unanimous view that regulatory measures [can be taken]...", remarked Justice Kant in response. Agreeing partly, Singh highlighted that the same can't be with respect to appointment of teachers and principals. He urged that though state can lay down minimum criteria, qualification standards, etc., regulation cannot extend to choice of principals and teachers.

"The finding is that the Selection Committee or the Executive Committee (eventually who will select) is dominated by minority", observed Justice Kant at this point. Countering, Singh said that the Committee is "entirely government-nominated". "11 persons nominated by government", he informed.

Hearing the senior counsel, the Court issued notice. On the petitioners' insistence on stay, in the backdrop of neither the Scrutiny Committee nor the Selection Committee being notified, the Court issued notice on an application seeking interim relief as well. Declining stay without hearing the other side, Justice Kant assured Singh, "Even if they notify, we are not bound, you are not bound".

Briefly put, while dealing with a batch of petitions, the High Court upheld the 2021 amendments to the GSHSE Act, saying that the language of the provisions did not denote that the state had any "unfettered, uncannalized or unlimited power" to make regulations. It further emphasized that though power of the state to regulate is not unfettered, mere conferment of power by enabling provisions cannot be perceived as infringement of protection granted to minority institutions under Article 30 of the Constitution of India.

On perusing TMA Pai Foundation v. State of Karnataka and Ahmedabad St. Xavier's College Society v. State of Gujarat, the High Court found it well-established that no educational institution established by religious or linguistic minority can claim total immunity from the regulations by the legislature or uniformity, if it wants affiliation or recognition.

Apparently, the 2021 amendments applied a centralized process of recruiting teachers and principals in schools.

"The power of the State to regulate, though, is not unfettered or unlimited but mere conferment of power by enabling provisions itself, cannot be perceived as infringement of the protection of Article 30 (1) of the Constitution. The language of the above provisions is not such, which can be said to be unfettered, uncannalized or unlimited power of the State to make regulations as while framing regulations, the State legislature or the Board are expected to be alive of the constraint on their powers in the matter of making law regulating minority institutions put forth by the Constitution [Article 30(1)], which do not interfere with the right of minorities management to administer their institutions", the High Court order read.

Case Title:

(1) ST. XAVIERS HIGH SCHOOL LOYOLA HALL AND ANR. Versus STATE OF GUJARAT AND ORS., SLP(C) No. 8438/2025

(2) DEEP DARSHAN HIGH SCHOOL TRUSTEE AND ANR. Versus THE STATE OF GUJARAT AND ORS., SLP(C) No. 8082/2025