Back
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
MR.JUSTICE BATTU DEVANAND, J
Secretary, Fatima College (Autonomous) – Appellant
Versus
State of Tamil Nadu – Respondent
ORDER :
The petitioner herein is a Private Minority Aided College. When they had made an appointment of one teaching staff, namely, Dr.W.Shyamala as Assistant Professor in the Department of History and sought for disbursement of the grant-in-aid towards her salary and allowances from the date of her appointment i.e., on 18.06.2018, the same came to be dismissed by the 2nd respondent through the impugned proceedings in Na.Ka.No.27757/G4/2018-2 dated 04.12.2024.
2. This order is put under challenge in the present writ petition. The issue as to whether the Education Authorities can interfere with the selection process of Private Minority School Management has come up for consideration in various cases before the Honourable Supreme Court as well as this Court and in one such decision before the Honourable Division Bench, in the case of The Forum of Minority Institution (FMI) and Associations Vs. The State of Tamil Nadu rep. by the Joint Director of Collegiate Education and others reported in 2011 (1) CTC 162, such interference was held to be impermissible.
3. Following the decision of the Honourable Division Bench, this Court in the case of The Secretary, Fatima College, Mary Land, Madura
Minority institutions have an absolute right to select their staff without interference from educational authorities, as protected under Article 30 of the Constitution.
UGC Regulations cannot interfere with the fundamental rights of minority institutions to administer their educational affairs, as mandated by Article 30(1) of the Constitution.
Minority institutions have the right to select staff but must ensure fair opportunity for all eligible candidates, aligning with constitutional principles.
The eligibility criteria for appointment as an Officiating/Incharge Principal of an Intermediate College recognized and governed under the Intermediate Education Act, 1921.
Regulation 101 of the U.P. Intermediate Education Act, 1921 applies to minority institutions, mandating prior approval from the DIOS for non-teaching staff appointments to ensure compliance with stat....
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
