Bombay High Court Upholds Minority Rights In Educational Institutions

The Bombay High Court recently ruled that the Maharashtra Educational Institutions (Management) Act of 1976 does not extend to institutions belonging to religious and linguistic minorities, as reported by Bar and Bench. Consequently, it set aside an order issued by Pune’s director of education, who had appointed an administrator for educational institutions run by the Karachi Education Society-Sindhi.

A division bench comprising Justices A.S. Chandurkar and Rajesh Patil stated that the Act cannot be enforced against institutions operated by linguistic minorities, as Section 12 of the Act explicitly exempts educational institutions managed by religious or linguistic minorities from its provisions. The Karachi Education Society, a registered trust representing the Sindhi linguistic minority, had filed a petition challenging the director’s August 21 order, which placed an administrator over its school, Navin Hind BT Shahani High School & Junior College in Pune.

The petitioner argued that, as a recognized linguistic minority institution, it should not be subject to the Act’s provisions. They referenced a certificate from the minorities development division that confirmed their minority status, asserting that the director’s decision was outside his jurisdiction.

Defending the appointment, the state argued that the decision was necessary due to issues with the conduct of both teaching and non-teaching staff at the school. It further noted that an appeal process was available, thus negating the need for judicial intervention. The court ultimately held that the director of education had overstepped his authority by enforcing the Act in this case.