<\/a>to minority-run institutions in \u201cnational interest.\u201d<\/p>\n\n\n\nAppearing\n before a three-judge Bench led by Chief Justice of India Sharad A. \nBobde, senior advocate Rajeev Dhavan, representing the Managing \nCommittee, Contai High Madrasah, said the judgment \u201cdismantles\u201d the law \nlaid down by an 11-judge Bench of the Supreme Court in the T.M.A. Pai \ncase of 2002.<\/p>\n\n\n\n
The 2002 judgment had held that minorities have a fundamental right under Article 30 of the Constitution to administer their institutions and appoint teachers.<\/p>\n\n\n\n
The January 6 judgment by a two-judge Bench led by Justice Arun \nMishra had given the State an absolute right to impose regulations on \nminority established and administered institutions in the appointment of\n teachers, saying the step was necessary to achieve excellence in \neducation in these institutions.<\/p>\n\n\n\n
Contai\n said the two-judge Bench has even contradicted a Supreme Court judgment\n as recent as September 25, 2019 which upheld the rights of the minority\n communities to establish and run their own institutions without \ngovernment interference in day-to-day affairs of management like the \nappointment of teachers. The September 25 judgment of the Supreme Court \nin Chandana Das (Malakar) versus State of West Bengal was pronounced by a\n three-judge Bench led by Justice Rohinton Fali Nariman.<\/p>\n\n\n\n
The \npetitioner said the Constitution Bench in the T.M.A Pai case was clear \nthat \u201cregulatory measures of control should be very minimal\u201d and \u201cin \nmatters of day-to-day management like appointment of staff, teaching and\n non-teaching, and administrative control over them, the management \nshould have the freedom and there should not be any external controlling\n agency.\u201d<\/p>\n\n\n\n
The petition said the judgment segregates a particular \ncommunity from the privilege of protection under Article 30. The January\n 6 judgment was based on a petition challenging the validity of the West\n Bengal Madrasah Service Commission Act of 2008. The State Act mandated \nthat the process of appointment of teachers in aided madrasahs, \nrecognised as minority institutions, would be done by a Commission. The \ndecision of the Commission would be binding. Justice Mishra\u2019s Bench had \nupheld the 2008 Act.<\/p>\n
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