Minority Institution does not have unqualified and absolute right in matters of appointment

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Sk. Md. Rafique v. Managing Committee, Contai Rahamania High Madrasah and Others

CIVIL APPEAL NO.5808 OF 2017 decided on January 6,2020

Question of law

Constitutionally validity of Sections 8, 10, 11 and 12 of the West Bengal Minorities’  Commission Act?

Ground for Challenge

The provisions of the Commission Act transgressed upon the rights of a minority institution of choosing its own teachers and the process of appointment of teachers in an aided Madrasah, which was recognised as a minority institution, was taken over and entrusted to the Commission. The Commission was empowered under the provisions of the Commission Act to make recommendations which would be binding on the Managing Committee of an aided Madrasah. Owing to this fact, the Madrasah Management was aggrieved and hence they filed a writ in High Court and then came to Supreme Court in appeal.

Held

The Supreme Court traced the law laid down by this court regarding the minority institution before TMA Pai Foundation case and after the case and held that the concerned provisions cannot be said to be transgressing the rights of the minority institutions. The selection of the teachers and their nomination by the Commission constituted under the provisions of the Commission Act would satisfy the national interest as well as the interest of the minority educational institutions and said provisions are not violative of the rights of the minority educational institutions under Art 30.

Judgment Link:

https://main.sci.gov.in/supremecourt/2016/6251/6251_2016_3_1501_19387_Judgement_06-Jan-2020.pdf