In Brief
The Supreme Court upheld the validity of Sections 8, 10, 11 and 12 of the West Bengal Madrasah Service Commission Act, 2008, which establishes a statutory commission to select and nominate teachers for aided Madrasahs. The High Court had struck down these provisions as violating minority institutions' rights under Article 30 of the Constitution. The Supreme Court held that while minorities have a right to establish and administer educational institutions, this right is not absolute and must yield to national interest and pursuit of educational excellence. The Commission, composed of experts with profound knowledge of Islamic Culture and Theology, selects teachers on merit through fair processes. Managing committees retain safeguards to challenge errors or refuse appointment of less-qualified candidates. The statutory framework balances minority autonomy with educational excellence, satisfying constitutional requirements.
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