Ban on Teacher Recruitment Doesn’t Apply to Minority Institutions: Bombay High Court
In a significant verdict, the Bombay High Court of Judicature at Bombay, Nagpur Bench, has ruled that the ban on teacher recruitment imposed by the State Government does not apply to minority institutions. The judgment was delivered by a bench comprising of Justice Prithviraj K. Chavan and Justice Urmila Joshi-Phalke on October 26, 2023.
The case involved Dr. Babasaheb Ambedkar Samaj Sudharak Mandal, a registered Minority Institution, seeking approval for the appointment of a teacher. The Education Officer had previously rejected the approval, citing the state’s ban on recruitment due to financial constraints caused by the COVID-19 pandemic.
Bombay High court’s decision emphasized the special status of minority institutions and their protection under Article 30 of the Constitution of India. The judgment referred to previous coordinated bench rulings, which held that the ban on recruitment should not be applicable to such institutions.
In the words of the bench, “It has been consistently held by the coordinate benches of this Court that a ban on recruitment was not applicable to the minority institutions and that the said ground could not be raised for refusing approval to the appointment/s as made.”
The court further directed the Education Officer to reconsider the proposal in light of the coordinated bench judgments within four weeks and communicate the decision to the petitioners within one week thereafter.
This ruling sets a precedent for minority institutions seeking teacher appointments during times of government-imposed bans, upholding their rights and protecting their interests.
Date of Decision: 26/10/2023
Babasaheb Ambedkar VS State of Maharashtra
