HC: Minorities' right to set up educational institutions not immune from regulations
	
		
				PRAYAGRAJ, Oct. 31 -- The Allahabad high court has held that the Constitution of India undoubtedly guarantees to minorities the right to establish and administer educational institutions of their choice, however, this right cannot be stretched to claim immunity from reasonable regulations framed to ensure academic excellence and maintain standards of education.
The court, while allowing the petition filed by Committee of Management Madrasa Arabiya Shamshul Uloom Sikariganj Ehata Nawab and another, held that right of minorities under Article 30(1) of the Constitution of India must be exercised within reasonable regulations and frameworks of the state government for ensuring academic excellence and maintaining standards of education.
"Article 30(1) of the Constitution of India undoubtedly guarantees to minorities the right to establish and administer educational institutions of their choice; however, this right cannot be stretched to claim immunity from reasonable regulations framed to ensure academic excellence and maintain standards of education," Justice Manju Rani Chauhan observed in her October 17 order.
"Thus, the issuance of advertisement without waiting for the government to frame the standards for qualification of teachers in the madarsa is bad in the eyes of law and in violation of the aforesaid article," the court said.
With this, the court quashed the advertisement issued by Nazime of Ala/Manager of Madarsa Arabiya Shamshul Uloom Sikariganj (Ehata Nawab) Gorakhpur for appointment of assistant teachers and a clerk which was issued without any guidelines from the government.
According to the petitioner, the government order (GO) regarding directions for selection of teachers in madrasa was issued on May 20, 2025 and the advertisement for appointment on various posts under challenge was issued on April 29, 2025.
It was pleaded that despite representations, the selection process was not stopped and was continued in terms of the advertisement rather than following the GO.
Holding that right under Article 30(1) of the Constitution of India was subject to the reasonability, the court held that the manager had acted in contravention of the order of the Supreme Court and government policy.
The court held that if any appointments were made in pursuance of the advertisement, they were per se illegal and such appointees did not have a right to raise objections or be heard....
		
			
			To read the full article or to get the complete feed from this publication, please 
Contact Us.