Case Note & Summary
The petitioners, Sind Educationists' Association and Jai Hind College, a minority institution established by Sindhi speaking trustees, challenged the State Government Resolution dated 13th October, 2011 and the University of Mumbai Circular dated 8th November, 2011, which required that appointment to the post of Incharge Principal be made only from amongst the qualified senior-most teachers. The petitioners had appointed Mrs. Firdaus J. Mistry as Incharge Principal following the retirement of Dr. Kirti Narain, but the University rejected the appointment citing the impugned Government Resolution and Circular. The petitioners contended that as a minority institution under Article 30(1) of the Constitution, they have the right to administer their institution and appoint teaching staff of their choice, and the impugned directives infringed upon that right. The respondents argued that the Government Resolution and Circular were applicable to all institutions and were necessary for maintaining standards. The Court, after hearing the parties, held that the Government Resolution and Circular were not applicable to minority institutions as they interfered with the fundamental right under Article 30(1). The Court quashed the impugned Government Resolution and Circular insofar as they apply to minority institutions and directed the University to grant approval to the appointment of Dr. Ashok G. Wadia as Incharge Principal. The petition was allowed with no order as to costs.
Headnote
A) Constitutional Law - Minority Rights - Article 30(1) of the Constitution of India - Right to Administer Educational Institution - The State Government Resolution and University Circular mandating appointment of Incharge Principal only from senior-most teachers were held inapplicable to minority institutions as they interfere with the fundamental right of minorities to administer their educational institutions. The Court held that such restrictions cannot be imposed on minority institutions which have the right to choose their own teaching staff. (Paras 4-10) B) Education Law - Appointment of Principal - Government Resolution dated 13th October, 2011 and University Circular dated 8th November, 2011 - The impugned Government Resolution and Circular were quashed insofar as they apply to minority institutions. The Court directed the University to grant approval to the appointment of Dr. Ashok G. Wadia as Incharge Principal of the petitioners' college, as the petitioners had the right to appoint a person of their choice. (Paras 4-10)
Issue of Consideration
Whether the State Government Resolution dated 13th October, 2011 and the University Circular dated 8th November, 2011, which require appointment of Incharge Principal only from amongst the qualified senior-most teachers, are applicable to minority institutions and whether they infringe upon the rights guaranteed under Article 30(1) of the Constitution of India.
Final Decision
The petition is allowed. The Government Resolution dated 13th October, 2011 and the Circular dated 8th November, 2011 are quashed insofar as they apply to minority institutions. The University is directed to grant approval to the appointment of Dr. Ashok G. Wadia as Incharge Principal of the petitioners' college. No order as to costs.
Law Points
- Minority institution's right to administer
- Article 30(1) of the Constitution of India
- autonomy in appointment of teaching staff
- Government Resolution cannot override constitutional rights
- University cannot impose conditions on minority institutions
