Ahmedabad, Feb 3 (PTI) – The Gujarat High Court has upheld the 2021 amendment to the Gujarat Secondary and Higher Secondary Education Act, 1972, which grants the state education board the authority to appoint teachers and principals in linguistic and religious minority schools. The court emphasized that the amendment aims to uphold educational excellence by maintaining institutional standards.
A division bench, led by Chief Justice Sunita Agarwal, recently dismissed multiple petitions filed by various minority institutions challenging the Gujarat Secondary and Higher Secondary Education (Amendment) Act, 2021. The petitioners contended that the amendment was "unjustified and unlawful," arguing that it restricted their fundamental right to administer institutions according to their needs while adhering to constitutional provisions safeguarding minority institutions.
However, the court, in its judgment uploaded on Saturday, clarified that the amendment does not violate Article 30(1) of the Constitution, which guarantees minority institutions the right to establish and administer educational institutions of their choice. Instead, it asserted that the state’s regulatory role is directed towards maintaining educational standards and does not infringe upon minority rights.
The court further pointed out that the selection process under the amendment retains the autonomy of minority school management. The Minority School Selection Committee—headed by a nominee of the concerned trust or management—allocates qualifying marks in personal interviews, ensuring that institutions still have the authority to choose the most suitable candidates.
Citing the Supreme Court’s rulings in the Ahmedabad St. Xavier’s College and TMA Pai Foundation cases, the Gujarat High Court reaffirmed that while minority institutions have the right to administer schools, this right is not absolute and remains subject to reasonable regulations. It emphasized that merely applying the amended provisions to minority schools does not constitute an encroachment on their rights.
The court also clarified that while state regulations should not be excessive, the mere conferment of regulatory power does not amount to an infringement of constitutional protections for minority institutions. The amendment strikes a balance between achieving academic excellence and preserving the minority character of institutions by allowing them to exercise discretion in the scrutiny and interview process.
"The 2021 Rules ensure that the minority character of the institution is preserved while the best and most suitable candidate is selected through a fair and transparent procedure in accordance with the 1974 Regulations," the court observed.
With this ruling, the Gujarat High Court has reinforced the state's role in ensuring educational standards while safeguarding the autonomy of minority institutions in their selection processes.
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