The Bombayhigh court on Wednesday questioned the state government’s decision to regulate minority-run educational institutions.
The government had issued a resolution last year that enforced a set of criteria for the appointment of principals in these institutions.
A bench of justices AM Khanwilkar and NM Jamdar said, “You (the state) will have to answer two important law points: first, whether the government resolution (GR) is applicable to minority institutions. If yes, then whether such a resolution can be passed by the state.”
The response came after additional government pleader JS Saluja informed the court that the state had come out with a resolution to curb the practice followed by colleges to appoint in-charge principals instead of permanent ones.
The bench made these observations while hearing a plea made by Jai Hind College, Churchgate, a linguistic minority institution.
The college challenged the GR dated October 13, 2011, which stated that the senior-most teacher of the institution should be appointed as its in-charge principal. The college had appointed Ashok Wadia as the in-charge principal for six months with effect from November 26, 2011 until a principal is appointed. However, based on the GR, on November 26, 2011, the University of Mumbai disapproved Wadia’s appointment.
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