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SC Upholds Right Of Government To Appoint Teachers In Aided Minority Educational Institutions

The Supreme Court has upheld the constitutionality of West Bengal Madrasah Service Commission Act 2008       observing that the Government has right to  appoint teachers in aided-minority educational   institutions.

              A bench of Justices Arun Mishra and U U Lalit delivered the verdict on Monday in the case SK Md Raffique v Managing Committee, Contai Rehmania High Madrasah and others. The case concerned the validity of West Bengal Madrasah Service Commission to appoint teachers in madrasas.

            On petitions filed by managing committees of various madrasas, the Calcutta High Court in 2015 had declared the Act ultra vires Article 30 of the  Constitution, which deals with the right of minorities to establish and administer educational institutions.

LEARNING WITH TIMES

Article 30 in The Constitution Of India 

  1. Right of minorities to establish and administer educational institutions

(1) All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice

(1A) In making any law providing for the compulsory acquisition of any property of an educational institution established and administered by a minority, referred to in clause ( 1 ), the State shall ensure that the amount fixed by or determined under such law for the acquisition of such property is such as would not restrict or abrogate the right guaranteed under that clause

(2) The state shall not, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language

 

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