cbse rules will prevail over institution

Management Committee St Anselam vs Shri Ravindra Sharma And Ors on 31 July, 2019

ndian Kanoon - http://indiankanoon.org/doc/58102106

Contention that the appellant Management Committee is minority institution, therefore, it has

absolute right to appoint the staff and that it cannot be compelled to extend the age of

superannuation of any of its staff member and any direction to this effect would be violative of

Article 30(1) of the Constitution, is noted to be rejected as such rights of the minority institution (14

of 15) [SAW-183/2015] are subject to measures introduced by the regulatory bodies like the CBSE.

The appellant Management Committee themselves did not deny the applicability of the CBSE

Affiliation Bye Laws and the Rules of 1993 in the reply to the application filed by the respondent

before the Tribunal. It cannot claim immunity from such regulations as affiliation granted to it is

subject to compliance of its provisions.

A Constitution Bench of the Supreme Court in P.A. Inamdar Vs. State of Maharashtra - (2005) 6

SCC 537, in para 37 of the report, held as under:-

"It is next argued that as held in St. Xavier's and re- affirmed in Pai Foundation the

right to establish and administer educational institutions by minorities under Article

30 of the Constitution is not an absolute right meaning thereby that it is subject to

such regulations that satisfy a dual test that is: the test of 'reasonableness' and 'any

regulation regulating the educational character of the institutions so that it is

conducive to making the institution an effective vehicle of education for the minority

community and for the others who resort to it'. Any regulation which impinges upon

the minority character of the institutions is constitutionally impermissible. It is

submitted that between the right of minorities to establish and administer the

educational institutions and the right of the State to regulate educational activities for

maintaining standard of education, a balance has to be struck. The regulation in

relation to recognition/affiliation operates in the area of standard of excellence and

are unquestionable if they do not seriously curtail or destroy the right of minorities to

administer their educational institutions. Only in maintaining standards of

education, State can insist by framing regulations that they be followed but in all

other areas the rights of minority must be protected. It is conceded that

maladministration is not protected by Article 30 of the Constitution. Similarly,

secular laws with secular object that do not directly impinge upon the right of

minority institutions and operate generally upon all citizens do not impinge upon

Article 30 of the Constitution. This has been the constitutional interpretation of

Article 30 not because Article 30 admits no exception like Article 19(6) but because

the right conferred under Article 30 does not (15 of 15) [SAW-183/2015] extend to

these areas. The laws that serve national interest do not impinge upon Article 30."