Discretion of minority institution to absorb surplus teachers into their school shall prevail over government orders

Bombay High Court: While deciding a case where minority institution was directed to absorb surplus teachers into the institution, the Division Bench of Vasanti A Naik and Swapna Joshi, JJ. held that, the minority institutions cannot be compelled to absorb surplus teachers from other schools until and unless the minority institutions concur with the same.

In this case the petitioner, a minority institution was ordered by the State Government to absorb surplus teacher into its school. The order for admission was delivered before the attainment of minority status and therefore the State Government sought to enforce its order over minority institution concurs with the absorption. However, it was argued on behalf of the respondents  that since the petitioner’s institutions were issued certificate as minority institutions on a date later than when the orders were passed hence the petitioner would be required to absorb the teachers in the school.

The Court, relying on  Canossa Society, Mumbai v. Commissioner, Social Welfare, Pune, 2014 SCC OnLine Bom 536,  held that minority institutions cannot be compelled to absorb surplus teachers unless the minority institution concurs for absorption and since the petitioner’s institution has been conferred with the minority status therefore, the submission on behalf of the respondent that the impugned orders were passed a few days before the minority certificate was granted in favor of the petitioners, the petitioners would be liable to absorb the surplus teachers in the school stands rejected and impugned order is liable to quashed and set aside. [Shri Balmukund Rathi Shikshan Sanstha v. State of Maharashtra, 2016 SCC OnLine Bom 10006 , decided on 05.12.2016]

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