NEW DELHI: In an important verdict on administration of minority institutions, the Supreme Court on Monday upheld law framed by West Bengal in 2008 to appoint an independent commission for appointment of teachers in madrassas.
Upholding the constitutional validity of 'West Bengal Madrasah Service Commission Act, 2008' the apex court ruled that the governments or organisations that aid minority institutions will now also have the authority to not just recommend prospective teachers but also appoint them directly.
Managing committees of various madrasas had challenged the constitutional validity of the 2008 Act in Calcutta high court, under which appointment of teachers in madrasas was to be decided by the commission.
Under the Act, a Commission was constituted and as per section 8 of the Act "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."
The high court ruled the Act was unconstitutional saying it is violative of Article 30 which says all minorities shall have the right to establish and administer educational institutions of their choice.
The HC verdict was thereafter challenged in the SC by teachers who were appointed under the new law. The SC granted interim relief to the teachRead More – Source