The Gujarat High Court has upheld the 2021 amendment to the Gujarat Secondary and Higher Secondary Education Act, granting the state government the power to regulate the recruitment of teachers and principals in linguistic and religious minority schools. The court ruled that the amendment aims to uphold excellence in education by maintaining institutional standards.

A division bench led by Chief Justice Sunita Agarwal recently dismissed multiple petitions filed by minority institutions challenging the amendment, which allows the state education board to determine qualifications and selection methods for hiring educators in registered private secondary and higher secondary schools.

The petitioners argued that the amendment was “unjustified and unlawful,” claiming it infringed upon their constitutional right to manage their institutions independently while striving for educational excellence. However, the court ruled that the amendment aligns with broader educational objectives and does not violate Article 30(1) of the Constitution, which protects minority institutions’ rights.

The judgment, uploaded on the court’s website on Saturday, emphasized that the amendment does not strip minority school management of its authority. It noted that the selection process includes a personal interview, where qualifying marks are assigned by a selection committee led by a nominee of the institution’s trust or management, ensuring their continued role in the recruitment process.

Citing previous Supreme Court rulings in the Ahmedabad St. Xavier’s and TMA Pai Foundation cases, the HC reiterated that while minority institutions have the right to administer their schools, this right is not absolute and remains subject to reasonable regulation. The court clarified that merely applying state provisions to minority schools does not amount to unconstitutional interference.

While acknowledging that the state’s regulatory power is not unlimited, the HC stated that enabling provisions alone do not constitute an infringement on the autonomy of minority institutions. The selection process under the 2021 amendment, it observed, seeks to balance the dual objectives of academic excellence and the preservation of minority institutions’ unique character.

“The Rules 2021 ensure that while the minority character of institutions is preserved, the best and most suitable candidates are selected through a fair and transparent recruitment process, in line with the Regulations 1974,” the court concluded.

Source: PTI

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