Minority schools can't be forced to appoint SC, ST teachers: Supreme Court

The Supreme Court has held that minority educational institutions cannot be compelled to appoint Scheduled Castes and Scheduled Tribes teachers even if they are drawing grant-in-aid from the government

A bench of justice BS Chauhan and justice 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 SC and ST candidates is a precondition for receiving receiving grant-in-aid in terms of Rule 64 of the DSE rules.