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Regulation on minority education institutions
January 11 , 2020
1670 days
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- The Supreme Court has held that the state has rights to introduce a regulatory regime in the “national interest” to provide minority educational institutions with well-qualified teachers in order for them to “achieve excellence in education.”
- The judgment came after the validity of the West Bengal Madrasah Service Commission Act of 2008 was challenged.
- This Act mandated that the process of appointment of teachers in aided madrasahs would be done by a Commission, whose decision would be binding.
- Minority institutions have the fundamental right under Article 30 of the Constitution to establish and administer their educational institutions according to their choice.
- However, they cannot ignore the regulations recommended by the state.
- The regulatory law should however balance the dual objectives of ensuring standard of excellence as well as preserving the right of the minorities to establish and administer their educational institutions.
- For this, the supreme court broadly divided education into two categories:
- Secular education.
- Education “directly aimed at or dealing with preservation and protection religious or a linguistic minority.”
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