The Bombay High Court has said that minority educational institutions cannot be compelled to absorb surplus teachers unless the institutions concur with the same.
A division bench of Justices Vasanti Naik and Swapna Naik, while upholding the right of minority institutions, said the state government cannot direct such institutions to absorb surplus employees from other schools.
The HC quashed the action of Amravati Education Officer directing a minority school to absorb surplus teachers.
While 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 14 and 15 September, 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 14 and 15 September, 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.