Published On : Mon, Dec 12th, 2016

HC rules against State compelling minority schools to absorb surplus teachers

nagpur high court

Nagpur: Giving a big respite to the minority institutions in the state, the Nagpur bench of Bombay High Court on Monday turned aside the action of Amravati Education Officer who directed a minority school to absorb surplus teachers.

A division bench comprising Justices Vasanti Naik and Swapna Naik, said that minority educational institutions cannot be compelled to absorb surplus teachers unless the institutions concur with the same. The court upheld upholding the right of minority institutions, saying the state government cannot direct such institutions to absorb surplus employees from other schools.

Allowing a petition filed by Shri Balmukund Rathi Shikshan Sanstha in Chandur Bazar in Amravati district, the HC made it clear that authorities have no right to compel minority-run educational institutions to absorb teachers declared surplus by the Education Officer.

According to petitioner-institution, Education Officer (Secondary), Zilla Parishad, Amravati ordered it on September 14 and 15, 2016 to absorb two assistant teachers in the school run by it.

The institution resisted the order claiming it was a minority institution and State Government cannot direct such institutions to absorb surplus employees of other schools unless the minority institution concurs with the absorption.

Citing the recent judgement of the High Court in Canossa Society, Mumbai vs Commissioner, Social Welfare, Pune, the petitioner sought quashing of order.

Respondent authorities justified the order stating that petitioner-institutions were issued certificate as minority institutions only on September 23, 2016 while the orders were passed before that on September 14 and 15, 2016.

Hence the petitioner would be required to absorb the teachers in the school. The High Court also rejected the contention of order-first-minority status later argument forwarded by the respondent authorities.

Adv Prashant Shende appeared for the petitioner while AGP G R Tiwari represented the authorities.