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Supreme Court of India 2019-09-25 allowed

Chandana Das (Malakar) vs The State of West Bengal & Ors

Bench: 3 — R.F. Nariman, R. Subhash Reddy, Surya Kant

In Brief

Khalsa Girls High School, a Sikh institution in Calcutta, appointed teachers without approval from the District Inspector of Schools, who insisted on recruitment through a Government Commission per the Management Rules for non-minority schools. The High Court's Single Judge upheld the appointment, recognizing the school as a linguistic minority institution. The Division Bench reversed, holding the school bound by the Rules. The Supreme Court held that where an institution was established by a linguistic minority community (Sikhs) to educate its members, it qualifies as a minority institution under Article 30(1), even without formal declaration. Such institutions retain the right to select and appoint qualified teachers. Rule 28 of the Management Rules does not apply to minority institutions; medium of instruction is irrelevant to minority status. The Single Judge's decision was upheld and the appointments approved.

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Minority Rights Constitutional Law Education Law Administrative Law Linguistic Minorities Religious Minorities Teacher Appointment Civil Procedure

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