The right of minority institutions to establish and administer educational institutions includes the right to appoint staff, which cannot be restricted by government regulations.

JUDGMENT :

Bharati Dangre, J.

1. The two Petitions filed by the Diocesan Society of Education, a Society registered under the Societies Registration Act, 1860, are assertions of its claim as a religious minority institution, entitled for the benefit of Article 30 of the Constitution of India, to establish and administer its educational institutions.

As a concomitant of its right, Writ Petition No.826 of 2025 (F) seek a declaration that the provisions of Rule 46 of the Goa School Education Rules, 1986, in so far as it seeks to abridge and/or take away the right of the Petitioner-Society to make appointments and/or take disciplinary actions and/or exercise administrative control over the institution established by it, in the form of various schools, violate its right guaranteed under Article 30(1) of the Constitution of India.

On factual aspects, a writ of mandamus is sought to direct the Respondents to grant approval for appointments effected by the Petitioner and quash the impugned letters issued by Deputy Director of Education addressed to the Management, asking to submit a fresh proposal under the signature of Chairman of the Managing Committee of the respective schools.

In Writ Petition No.1865 of 2024 (F), the Petitioner apart from Rule 46, also raise a challenge to Rule 97(2) of the Goa School Education Rules, 1986 and seek a declaration that the Circular issued by the Public Notice dated 26.06.2020 is not applicable to the Petitioner, as it would affect its right to administer the schools.

2. We have heard the learned Senior Counsel Mr Pereira for the Petitioner in both the Petitions, who faces opposition from the learned Advocate General Mr Devidas Pangam representing the State as it is the contention of the State that in no way, the right of the Petitioner as minority institution has been infringed and in fact what is sought through the impugned communication is nothing but adherence to the provisions under which the school is established and recognized i.e. Goa School Education Act, 1984 ( referred to as ‘Act of 1984’) as well as Goa School Education Rules, 1986 (referred to as ‘Rules of 1986’). By consent of the respective counsel, since the pleadings in the petitions are complete, we deem it appropriate to issue ‘Rule’ and the Petitions are taken for hearing by making the rule returnable forthwith.

3. Mr Pereira, learned Senior Counsel has advanced his submissions in the backdrop of the pleadings contained in Writ Petition No.826 of 2025 (F) and he would submit that the Petitioner is a Society registered under the Societies Registration Act, 1860 and it administers 138 schools which includes Primary, Secondary and Higher Secondary schools in the State of Goa. The schools established and administered by the Petitioner are conferred status of minority school under Article 30(1) of the Constitution of India by the National Commission for Minority Educational Institutions, New Delhi.

Tracing the background, Mr Pereira would submit that Roman Catholics in the State of Goa is a Sect amongst the Christians, and in terms of the provisions of Canon Law, the Roman Catholic Church is inter alia organized into territorial Dioceses under the care of the Diocesan Bishop. The Canon Law enjoins the Catholic Church to provide for Catholic Education to the children of its faithful, and Canon 794 prescribes that the Catholic Church has a duty and right of educating, for it has a divine mission of helping all to arrive at the fullness of Christian life.