Minority schools have the right to appoint their teachers

The judges’ decision in the case of some Tamil schools in the capital where obstructionism by the Ministry of Education had left up to a third of teaching positions vacant. “The State can regulate the use of aid, but not subject the institutions.” Monsignor Elías Gonsalves: “The bureaucrats tried to trample on rights. Now what is best for the children is done.”

Delhi () – “No prior authorization from the government is necessary” for the appointment of staff in Indian minority educational institutions. This was established a few days ago by the Supreme Court of Delhi with a ruling specifying that the Ministry of Education can only rule on the qualifications and experience of directors and teachers.

The case was raised by the Delhi Tamil Education Association (DTEA), an institution that has seven schools with 6,879 students. It reported that four director positions and 108 teaching positions (out of a total of 374) were vacant in the institutions for this linguistic minority subsidized by the Indian State. Therefore, principals and teachers can now be appointed without prior approval from the Ministry.

The Delhi Tamil Education Association is an institution founded in 1923 to promote and disseminate the Tamil language and culture. Lawyer Romy Chacko, who represents her, explained that – despite numerous requests and clarifications that had been provided – the government body had not granted authorization to fill the vacant positions. The level of education in these schools today is seriously compromised due to the shortage of directors and teachers: “Almost 30% of the positions are vacant,” the lawyer protested.

In its 79-page ruling, the Supreme Court said granting state aid to the minority institution does not affect the association’s absolute right to appoint the principal, teachers and other staff. “The State – say the judges – can regulate the correct use of the aid it grants. “You cannot subject the minority educational institution to your dictates.”

The Archbishop of Nagpur, Bishop Elias Gonsalves, president of the Commission for Education and Culture of the Bishops’ Conference of India (CBCI), commented to on this decision: “I am very happy that the Supreme Court of Delhi has confirmed once again the constitutional right of minorities. They had tried to make their voices heard, but the bureaucrats and Education officials were trying to undermine their rights. Now I wish all our educators the best, so that the order of the Supreme Court.”