SC Issues Notice To UP Govt In Plea Challenging Amendment To Law Of Appointment Of Teachers To Minority Educational Institutions [Read Order]
Live LawThe Supreme Court on Thursday issued notice to the State of Uttar Pradesh in a plea challenging Government Orders which amended the state law regarding appointment of teaching staff in minority aided institutions. Challenging this amendment, the petitioners contend that vesting power of appointment in hands of an 'unidentified' or 'undefined' Private Recruitment Agency to conduct 90% of the recruitment process while granting the management committee liberty to be involved with regard to only 10% of the assessment encroaches upon the right to management available to minority institutions under Art. The state government, by vesting the power of selection in the hands of an unidentified private agency, has not only violated the rights of the minority institutions guaranteed under Article 30, but has arbitrarily empowered a private agency the authority to conduct the screening test/ written test having a decisive weightage of 90% marks", argues the petitioner Committee. It is of no dispute that the state is empowered to make regulations for the effective functioning of the minority institution, but on the other hand it cannot be ignored that the state cannot vest such gigantic powers in the hands of an unidentified private agency; there has to be balance between the two objectives - that of ensuring the standard of excellence of the institution, and that of preserving the right of the minorities to establish and administer their educational institutions.