DEHLI (UCAN): Indian Christian educators have welcomed an order by the Delhi High Court reaffirming the right of state-aided minority-run educational institutions’ to appoint staff without government interference.
In its 31-page ruling on a petition filed by St. Anthony’s Boys Secondary School, the high court stated that “no restrictions/no criteria other than prescribing qualifications or experience for appointment of non-teaching and teaching staff can be prescribed by the DoE [Directorate of Education].”
The verdict was issued on July 1 by Judge Jasmeet Singh and made publicly available on July 7.
Father Maria Charles, national secretary of the Catholic Bishops’ Office of Education, termed the court’s ruling as “a blessing in disguise for our schools” as it removed the hurdles in appointing staff “of our choice without compromising on quality.”
The court order asserted the constitutional position that government cannot interfere with the appointment of staff in aided minority educational institutions, Father Charles said on July 8.
The Indian Constitution allows religious and linguistic minorities to establish and administer their own educational institutions to promote their distinct identities without interference from the government.
The court verdict quoted previous rulings, including those from the Supreme Court and state-level High Courts that categorically said the DoE has no authority, while providing relief to St. Anthony’s Boys Secondary School.
The school approached the High Court after the DOE refused to recognise the appointment of 20 staff members, terming them “illegal and arbitrary.”
It the DOE claimed that aided minority institutions “do not enjoy an unfettered right against state regulations,” and cannot select their staff without prior approval.
Romy Chacko, the lawyer who represented the school, argued the government department’s role “is strictly limited to prescribing minimum eligibility criteria” and it cannot interfere with the selection process.
The court stressed that the regulatory power of the state does not permit it to dictate the hiring method or the specific selection matrix employed by the institution.
The court said the right to appoint staff is an essential part of the right to establish and administer a minority institution and said that “as long as the appointed individuals fulfill the state-mandated qualification criteria, the state holds no power to object to the selection”.
The court directed the government to immediately release the grant-in-aid to cover the salaries of the staff who passed the school’s selection process.
Father Thomas V.J., a former school principal in the Diocese of Jhansi, northern Uttar Pradesh state, said the stand of government officials despite a clear constitutional directive was “unfortunate and unnecessary.”
He said, “We wish government officials take this top court order seriously and avoid creating unnecessary hurdles as we are all serving the nation and its interest.”
