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IN THE HIGH COURT OF BOMBAY AT GOA
Bharati Dangre, Nivedita P.Mehta
Diocesan Society of Education – Appellant
Versus
State of Goa, Through the Secretary Education – Respondent
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 Petit
The right of minority institutions to establish and administer educational institutions includes the right to appoint staff, which cannot be restricted by government regulations.
The main legal principle established in the judgment is that the right of a religious minority to administer an educational institution of its choice, including the appointment of a Headmaster, is of....
Point of Law : Law could not be deemed to be unreasonable unless it was totally destructive or annihilative of the right under Art.30(1).
The rights of minorities to establish and administer educational institutions of their choice under Article 30 of the Constitution of India are subject to reasonable regulations that are necessary to....
The eligibility criteria for appointment as an Officiating/Incharge Principal of an Intermediate College recognized and governed under the Intermediate Education Act, 1921.
The right of minority educational institutions to administer admissions under Article 30(1) is subject to reasonable regulations by the State to maintain educational standards.
Minorities Educational Institution - Establishment and administration of - Minority Educational Institutions under Article 30(1) of Constitution of India have a right to appoint teaching staff includ....
The court established the validity of the Special Rules in relation to the Management Rules, 1969 and determined that the Special Rules had not been rescinded and were still in operation.
Minority institutions are not bound by external regulations like the Rules of 2018, provided they ensure fair hearing in disciplinary proceedings.
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