Delhi High Court Affirms Minority Institutions’ Absolute Right To Appoint Own Staff Without Government Approval

The Delhi High Court has affirmed that government-aided minority educational institutions possess the absolute right to appoint their own principals, teachers, and other staff members without needing prior permission from the government. Justice C Hari Shankar ruled that the Department of Education (DoE) can only regulate the qualifications and experience required for these positions, not the appointments themselves. “As long as the appointed principals and teachers meet the prescribed qualifications and experience, the petitioner [a linguistic minority institution] retains the unrestricted right to fill vacancies in its schools,” the court stated.

The court emphasized that state-provided aid to minority institutions does not alter this legal stance. “The state’s role is limited to ensuring the proper use of the aid. It cannot impose its directives on the minority educational institution regarding the appointment of teachers or principals simply because it provides financial assistance,” the court elaborated.

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This ruling came in response to a petition from the Delhi Tamil Education Association (DTEA), which challenged an Education Department decision that rejected its proposal to directly recruit for 52 vacant positions due to the absence of a managing committee. Established in 1923, the DTEA aims to promote Tamil language, culture, and ethos, and it operates seven linguistic minority schools with 6,879 students. The court concluded that the DTEA has the right to appoint principals and teachers without the Education Department’s prior approval and annulled the Department’s order that had denied the DTEA’s recruitment proposal.