http://www.financialexpress.com/news/sc-st-teachers-cant-be-forced-on-schools/647361/
'SC/ST teachers can't be forced on schools'
Agencies
Posted: Friday, Jul 16, 2010 at 0926 hrs IST
Updated: Friday, Jul 16, 2010 at 0926 hrs IST
New Delhi: The Supreme Court has held that minority educational
institutions cannot be compelled to appoint SC, ST teachers even if
they are drawing grant-in-aid from the government A Bench of Justices
B S Chauhan and Swatanter Kumar said minorities enjoy special status
under Article 30(2) of the Constitution to set up and operate their
schools with their own set of rules and the government can step in
only if there is maladministration or illegalities.
"The right to establish and administer includes a right to appoint
teachers. Thus, except providing grant-in-aid as per the Delhi State
Education Rules and having no power to discriminate in terms of
Article 30(2) of the Constitution, the government has a very limited
regulatory control over the minority institutions and no control
whatsoever on the managing committee, internal management of the
school and, of course, has no power to take over such an institution,"
the apex court said.
The apex court passed the judgement while upholding an appeal filed by
the Sindhi Education Society challenging a Delhi government circular
issued in September, 1989, addressed to all the schools that
appointment of Scheduled Castes and Scheduled Tribes candidates is a
precondition for receiving receiving grant-in-aid in terms of Rule 64
of the DSE rules.
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