The Delhi High Court recently affirmed that government-aided minority educational institutions possess an absolute right to appoint their principal, teachers, and other staff members.
Justice C. Hari Shankar noted that these institutions do not need prior permission from the government for such appointments. The Department of Education's (DoE) regulatory scope is limited to setting the qualifications and experience requirements for 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 emphasized that receiving state aid does not alter the legal position of minority institutions having the absolute right to appoint their principal, teachers, and other staff members.
“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.
DTEA informed the Court that it was established in 1923 to promote the Tamil language, culture, and ethos. Currently, DTEA operates seven linguistic minority schools with a total of 6,879 students.
After reviewing the arguments, the Court ruled that the petitioner association has the right to appoint principals and teachers for the vacant posts in its schools without needing prior approval from the DoE. Consequently, the Court 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.
Case Title: Delhi Tamil Education Association v Director of Education and Ors
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