Govt-aided minority institutions have absolute right to appoint teachers, principals: Delhi High Court

The Delhi High Court recently held that government-aided minority educational institutions have the absolute right to appoint their principal, teachers and other staff [Delhi Tamil Education Association v Director of Education and Ors]..Justice C Hari Shankar observed that no prior permission from the government is required for this purpose and extent of regulation by the Department of Education (DoE) of the government is limited to prescribing qualifications and experience of principals and teachers.“So long as the principals and teachers who are appointed possess the prescribed qualifications and experience, there can be no restriction whatsoever on the right of the petitioner [a linguistic minority institution] to make appointments to fill in the vacancies in the schools run by it,” the Court observed.The single-judge stressed that the grant of aid by the State to the minority institution makes no substantial difference to this legal position.“At the highest, the State can regulate the proper utilization of the aid which it grants. It cannot subjugate the minority educational institution to its dictates in the matter of appointment of teachers, or Principals, on the pretext that it has granted aid to the institution,” the Court underscored. .The Court was dealing with a plea filed by the Delhi Tamil Education Association (DTEA) challenging the order passed by the DoE rejecting its proposal for filling up 52 vacant posts in its schools through direct recruitment.The DoE said that there was no managing committee in the schools.DTEA told the Court that it came into existence in 1923 as a vehicle to promote and propagate the Tamil language and the culture and ethos of the Tamil people.The Court was informed that DTEA runs seven linguistic minority schools with 6,879 students..After considering the arguments, the Court ruled that the petitioner association is entitled to make appointments against the vacant posts of principals and teachers in the schools run by it without prior approval of the DoE.It, therefore, set aside the DoE’s order rejecting DTEA’s proposal.“The Selection Committee would, however, be constituted in accordance with the Rule 96(3)(a) of the Delhi School Education Rules in the case of Principals and 96(3)(b) in the case of teachers, subject to the role of the nominees of the DoE being restricted in terms of Rule 96(3-A),” the Court added..Advocates Romy Chacko and Sachin Singh Dalal appeared for the petitioner, Delhi Tamil Education Association.Additional Standing Counsel (ASC) Yeeshu Jain along with advocate Jyoti Tyagi and Hitanshu Mishra represented the DoE..[Read Judgment]