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Synopsis

The Delhi High Court on Friday held that once the management of the Minority Educational Institution makes a conscious choice of a qualified person from the “Minority community” to lead the institution, either as a Vice Principal or Principal, the Court cannot go into the merits of the choice or the rationality or propriety of the process of choice.

A bench of Justice Chandra Dhari Singh noted, "Every linguistic minority may have its own social, economic, and cultural limitations. It has a constitutional right to conserve such culture and language. Thus, it would also have a right to choose teachers, who possess the eligibility and qualifications, as provided, without really being influenced by the fact of their religion and community and the same can be done by the process defined by the school management."

The judgment has been passed in a plea seeking direction to quash the minutes of the Departmental Promotion Committee appointing Shubhada Bapat as the Vice Principal of Nutan Marathi Senior Secondary School.

It has been alleged that Bapat has been recommended by the School for the post of Vice-Principal despite the fact that she is junior to the petitioner Birpal Singh.

However, the School took the ground that since it is a “Linguistic Minority Institution”, therefore, Bapat would be a better choice as she also belongs to the same “Linguistic Minority community”.

Furthermore, the Counsel appearing for Singh had stated that the School is not a “Linguistic Minority Institution” and is just a Government Aided School with 95% of grants in aid coming from the Directorate of Education. It is further argued that the title of “Linguistic Minority Institution” has been adopted by the School without any recognition by any competent authority.

Whereas, the Counsel appearing for the School argued that the School is a Linguistic Minority School established and administered by the Linguistic Minority of Marathis and that the Department of Education has recognized the School as a Linguistic Minority School.

While going through an affidavit submitted by the Directorate of Education over the issue of whether the School is a "Linguistic Minority Institution" the bench opined that the institution is listed as a “Linguistic Minority Institution” in its 'list of recognized institutions as Linguistic Minority' and is also considered so as per circular dated December 7, 2001, issued by the Directorate of Education.

In view of the above, the bench noted that Article 30 of the Constitution of India upholds the rights of minority communities to establish and administer educational institutions of their choice. It ensures the rights of minorities which should be preserved. 

Furthermore, the Court opined, "The rights of Minority Institutions are protected under various specialized legislations and are also backed by the assurance of enforcement. Being part of their rudimentary rights, the rights of Minority Institution are invested with sanctity and a position higher than that of the ordinary law and, consequently, every legal provision or executive action must conform to the mandates implied for the welfare of the community."

Additionally, the decision of appointment of a teacher is part of the regular administration and management of the school. A linguistic minority is entitled to conserve its language and culture by constitutional mandate, the bench noted.

The bench while dismissing the plea said that the selection of the Vice Principal made by the School is not contrary to the settled law.

Case Title: BIRPAL SINGH Vs NUTAN MARATHI SENIOR SECONDARY SCHOOL & ORS