In a significant ruling, the Gujarat High Court has upheld the state government’s authority to regulate the hiring of teachers and principals in religious and linguistic minority institutions. The decision comes in response to multiple petitions challenging a 2021 amendment to the Gujarat Secondary & Higher Secondary Education Act, which allows the state to establish rules governing appointments in these schools.
A division bench ruled that these regulations do not infringe upon the autonomy of minority institutions, as granted under Article 30 of the Constitution. The court emphasized that while minority institutions have the right to administer their affairs, this right is not absolute and does not exempt them from reasonable state oversight.
The amendment empowers the Gujarat Secondary and Higher Secondary Education Board to define qualifications, selection methods, and conditions for hiring and promoting staff in these institutions. The court determined that this does not violate constitutional protections but rather ensures a standardized and merit-based approach to recruitment.
Rejecting arguments that the rules undermine minority rights, the bench highlighted that these provisions help maintain educational standards while allowing institutions to select from a pool of qualified candidates. The judgment affirms the state’s ability to regulate educational institutions receiving government aid without overstepping constitutional boundaries.