No Prior Permission Of DoE Required: Delhi HC Upholds Autonomy of Aided Minority Educational Institutions in Staff Appointments

The Delhi High Court has reaffirmed the absolute right of government-aided minority educational institutions to appoint their principal, teachers, and staff without prior permission from the government.

The Single-Judge Bench of Justice C. Hari Shankar clarified that the Department of Education's (DoE) role is limited to prescribing qualifications and experience criteria.

"No prior permission or approval of the DoE is required. The extent of regulation by the DoE is limited to prescribing qualifications and experience of the Principals and teachers. So long as the Principals and teachers who are appointed possess the prescribed qualifications and experience, there can be no restriction whatsoever on the right of the petitioner to make appointments to fill in the vacancies in the schools run by it," the Bench said. 

The Court emphasized that as long as appointed personnel meet the prescribed qualifications and experience standards, the institutions have the unfettered right to fill vacancies. It underscored that state aid does not alter this legal stance, asserting that aid regulation should focus on ensuring proper utilization rather than dictating appointments.

The Bench said, "The grant of aid, by the State, to the minority institution, makes no substantial difference to this legal position. At the highest, the State can regulate the proper utilization of the aid which it grants. It cannot subjugate the minority educational institution to its dictates in the matter of appointment of teachers, or Principals, on the pretext that it has granted aid to the institution."

The case stemmed from a petition by the Delhi Tamil Education Association (DTEA), contesting the DoE's rejection of its proposal to fill 52 vacant positions through direct recruitment due to the absence of a managing committee in the schools. Established in 1923 to promote Tamil language, culture, and ethos, DTEA operates seven linguistic minority schools with nearly 6,879 students.

After hearing arguments, the Court ruled in favour of the Petitioner, allowing them to proceed with appointments without DoE's prior approval and setting aside the rejection order. However, the Bench mandated adherence to the Delhi School Education Rules for constituting the Selection Committee, with DoE nominees' roles limited as per Rule 96(3-A).

"It is accordingly held that the petitioner is entitled to make appointments against the vacant posts of Principals and teachers in the schools run by it without prior approval of the DoE. The Selection Committee would, however, be constituted in accordance with the Rule 96(3)(a) of the DSE Rules in the case of Principals and 96(3)(b) in the case of teachers, subject to the role of the nominees of the DoE being restricted in terms of Rule 96(3-A)," the Court ordered. 

Accordingly, the Writ Petition was allowed. 

Cause Title: Delhi Tamil Education Association v. Director of Education and Ors. 

Appearance:-

Petitioner: Advocates Romy Chacko, Sachin Singh Dalal

Respondent: Advocates Yeeshu Jain, Jyoti Tyagi, Hitanshu Mishra

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