State-aided minority schools can't restrict appointments to one religious community: Madras High Court

The Madras High Court recently held that minority educational institutions that receive financial aid from the State are bound to follow the principles of secularism and cannot appoint staff from just one particular religion..Justice GR Swaminathan of the Madurai bench held the Tirunelveli Diocese's decision to appoint teachers only from the diocesan seniority list to be unconstitutional.“The appointment process obtaining as on date is patently discriminatory. To say that only a candidate of a particular religious denomination is entitled to apply for a post runs counter to constitutional morality. When the salary is paid out of the State exchequer, the elementary principles of secularism demand that the process of appointment is thrown open to all eligible candidates,” Justice Swaminathan said..The Court also called for the enactment of a law to ensure that appointments in aided private educational institutions are fair and transparent."One can take judicial notice of the fact that it is a publicly held belief that appointments in aided private educational institutions are governed by commercial considerations. There are a few honourable exceptions. The moment has arrived to enact the “Transparency in Appointments of Staff in Private Aided Educational Institutions Act”.".The Court was hearing a petition filed by one C Manohar Thangaraj, treasurer of the Tirunelveli Diocese, for directions to the Bishop to stop making unilateral decisions regarding hiring of teachers and administrators in diocese-run schools.The diocese in question was a congregation of Christians from Tirunelveli and Tenkasi districts that received funds worth ₹600 crore from the government and the University Grants Commission (UGC) to run several educational institutes..On the admission of the respondents that the schools were appointing teachers on the basis of the diocesan seniority list, the Court said there was a larger issue at stake."The issue cannot be approached from the perspective of the managements alone. Educational institutions are there to cater to the needs of the students. A student is entitled to be taught by competent teachers. It is the duty of the management to fulfil this right. State is paying the teachers' salaries only with the expectation that the institutions will produce students of caliber and character," it said.The Court further observed that right to receive State aid for a teaching grant is coupled with an obligation to appoint the best possible competent teachers."This obligation can be discharged only if the field of choice of candidates is sufficiently wide. If the diocesan policy is to appoint teachers from out of their diocesan list based on seniority, it would certainly not be conducive to good administration. No doubt, the management of the minority institution shall make the appointment. But it should properly notify the vacancies so that every eligible candidate irrespective of their caste, religious and denominational background can apply," the Court added..Advocate G Prabhu Rajadurai appeared for the petitioner.Senior Counsel V Prabhakar and Advocates PP Alwin Balan, S Parthasarathy, GV Vairam Santhosh and KK Udayakumar appeared for the respondents..[Read Judgment]