Can govt take away right of minority institutions to appoint teachers? SC to deliver verdict tomorrow
AmitAnand.Choudhary@timesgroup.com
New Delhi:05.01.2020
The Supreme Court will on Monday pass an important verdict on whether the right of minority institutions including madrasas to appoint teachers could be taken away by the government by by adopting a legislative procedure that aims to uplift the status of the community.
A bench of Justices Arun Mishra and U U Lalit will deliver its verdict on the issue while deciding constitutional validity of West Bengal Madrasah Service Commission Act, 2008, under which the appointment of teachers in madrasas was to be decided by a Commission.
As per the Act, a Commission was constituted and section 8 of it says that notwithstanding anything contained in any other law for the time being in force or in any contract, custom or usage to the contrary, it shall be the duty of the commission to select and recommend persons to be appointed to the vacant posts of teachers. This will be in accordance with the provisions of the Act and the Rules made thereunder.
The case and the ruling can help settle an ambiguity in the law as while governments that fund or aid minority institutions can recommend guidelines for appointments, but till now, they have not been able to make the placements themselves.
The managing committee of various madrasas moved the Calcutta high court which declared the Act unconstitutional saying it is violative of Article 30 which says all minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.
Delivering the judgment in 2017, the HC had held that the law took away the right conferred by the Constitution that minorities will administer institutions according to their choice.
Full report on www.toi.in
The case and the ruling can help settle an ambiguity in the law as while governments that fund or aid minority institutions can recommend guidelines for appointments, but till now, they have not been able to make the placements themselves
AmitAnand.Choudhary@timesgroup.com
New Delhi:05.01.2020
The Supreme Court will on Monday pass an important verdict on whether the right of minority institutions including madrasas to appoint teachers could be taken away by the government by by adopting a legislative procedure that aims to uplift the status of the community.
A bench of Justices Arun Mishra and U U Lalit will deliver its verdict on the issue while deciding constitutional validity of West Bengal Madrasah Service Commission Act, 2008, under which the appointment of teachers in madrasas was to be decided by a Commission.
As per the Act, a Commission was constituted and section 8 of it says that notwithstanding anything contained in any other law for the time being in force or in any contract, custom or usage to the contrary, it shall be the duty of the commission to select and recommend persons to be appointed to the vacant posts of teachers. This will be in accordance with the provisions of the Act and the Rules made thereunder.
The case and the ruling can help settle an ambiguity in the law as while governments that fund or aid minority institutions can recommend guidelines for appointments, but till now, they have not been able to make the placements themselves.
The managing committee of various madrasas moved the Calcutta high court which declared the Act unconstitutional saying it is violative of Article 30 which says all minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.
Delivering the judgment in 2017, the HC had held that the law took away the right conferred by the Constitution that minorities will administer institutions according to their choice.
Full report on www.toi.in
The case and the ruling can help settle an ambiguity in the law as while governments that fund or aid minority institutions can recommend guidelines for appointments, but till now, they have not been able to make the placements themselves
No comments:
Post a Comment