The central legal point established in the judgment is the fundamental right of minority educational institutions to administer and establish schools of their choice, including the autonomy in appointing teaching and non-teaching staff.

SHINDE, J.

1. Rule. Rule is made returnable forthwith. By consent of the parties, taken up for final hearing.

2. These petitions take exception to the direction of the respondent – 3 Education Officer (Primary), Zilla Parishad, Dhule to absorb the surplus teachers in the petitioners – institutions. It is submission of the learned Counsel for the petitioners that since the petitioner No.1 is a minority institution, and in view of the judgment of the Division Bench of this Court in case of Canossa Society & anr vs. Commissioner & ors., 2014(3) Bom.C.R. 556; the respondent – Education Officer should not have asked the petitioner No.1 to absorb the surplus teachers.

3. On the other hand, learned Counsel for the respondent No.3 submits that the surplus teachers are also from minority institutions and keeping in view the said fact, respondent No.3 – Education Officer directed the petitioner No.1 to absorb those surplus teachers in the schools run by the petitioners.

4. We have heard learned Counsel for the petitioners and learned Counsel for respondent No.3. The issue / point raised in these petitions is no longer res integra. In similar fact situation, the Division Bench of this Court in case of Canossa Society & anr (supra), in paragraphs 19 to 22 observed, thus:

“19. In a judgment of the Full Bench of this Court in the case of St. Francis De Sales Education Society, Nagpur & another vs State of Maharashtra & another 2001 (3) Mh.L.J. 261 in dealing with an issue falling under the Maharashtra Employees of Private Schools (Conditions of Service) Act and rules framed thereunder, it has been held that a minority institution cannot be directed to appoint teachers of other staff on the basis of reservation policy followed by the State as evidenced in rule 9 (7) to Rule 9 (10) of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981. It has been held that the fundamental right guaranteed under Article 30 of the Constitution of India are absolute and not subject to reasonable restrictions as under Article 19. It was held that a minority institution cannot be directed to appoint teachers or other staff on the basis of reservation policy followed by the State.

20. The similar issue as raised in the present petition also fell for consideration of the Division Bench of the Gujarat High Court in the case of Hajinural Hasan Master Charitable Trust vs State of Gujarat in Letters Patent Appeal No.1225 of 2003. Considering the law laid down by the Supreme Court in regard to the rights of a minority institution. The Division Bench of the Gujarat High Court in its judgment dated 15.1.2013 held that only because aid has been granted to a minority educational institution it would not take away the its minority character of a minority institution and its rights to make appointment of the teaching and nonteaching staff. A similar view has been taken by the Division bench of this Court of Aurangabad bench in Writ Petition No.3707 of 2013.

21. Adverting to the settled legal position as discussed herein above it becomes clear that a minority educational institution has a fundamental right to establish and administer an educational institution of its choice. This right encompasses several facets one of them being a right to appoint teaching and nonteaching staff. It is held that the right to appoint teaching and nonteaching staff is an integral part of a right conferred under Article 30 of the Constitution of India namely to administer a minority educational institution. Merely because aid has been granted to a minority institution it would not loose its character as a minority institution and cease to enjoy constitutional guarantee conferred on it by virtue of the provisions of Article 30 of the Constitution of India. The grant of aid would not convert a minority institution into a departmentally conducted school or a department of the Government so that its autonomy of administration of an educational institution of its choic