BRAHMO SAMAJ EDUCATION SOCIETY AND ORS. versus STATE OF WEST BENGAL AND ORS.

Citation: [2004] SUPP. 2 S.C.R. 214 · Decided: 05-05-2004 · Supreme Court of India · Bench: S. RAJENDRA BABU · Disposal: Case Allowed

Judgment (excerpt)

A 
BRAHMO SAMAJ EDUCATION SOCIETY AND ORS. 
V. 
STATE OF WEST BENGAL AND ORS. 
MAY 5, 2004 
B 
[RAJENDRA BABU, CJ. AND G.P. MATHUR, J.] 
Constitution of India, 1950 : 
Articles 19(/}(g) and 26(a)--Education Society-Running aided 
C educational institutions-Challenging provisions for appointment of teachers 
by College Service Commission in its institutions-Held, independence for 
selection of teachers among the qualified candidates is fundamental to the 
maintenance of academic and administrative autonomy of an aided 
institution-Instiwtion 's right to administration includes the right to 
D appoint teachers of its choice • .mwng the NETISLET qualified candidates--
State Government would take note of declaration of law made by Supreme 
Court in this regard and make suitable amendment to relevant laws, rules 
and regulations-Till then interim orders passed by the Court would he 
operative-West Bengal College Service Commission Act, 1978-S. 7-
E West Bengal College Service Commission (Manner of Selection of Persons 
for Appointmenr to the Post of Teachers Including Principals) Regulation, 
1980-Interim order. 
The State of West Bengal, in exercise of power under the 
F provisions of the West Bengal College Teachers (Security of Service) 
Act, 1975 and the West Bengal College Service Commission Act, 1978 
constituted the College Service Commission for appointment of teachers 
in colleges or institutions affiliated to a University in the State. The 
petitioner-Society claiming itself to be a religious minority and a 
religious denomination within the meaning of Articles 35, 26 and 30(1) 
G of the Constitution of India, filed the present writ petitions for a 
direction to prohibit the State Government from interfering with 
petitioner's right to appoint teachers in its institutions. The stand of 
the State Governml'nt was that the petitioner-Society did not belong 
to a minority religious community and the institutions run by it were 
H receiving aid from the State Government and, therefore, the latter was 
214 
BRAHMO SAMAJ EDUCATION SOCIETY v. STATE [RAJENDRA BABU, Cl] 
215 
under an obligation to maintain a uniform standard of education A 
throughout the State. 
Allowing the writ petitions, the Court 
HELD: t. Reading Articles 19(1)(g) and 26(a) of the Constitution B 
together, the petitioner has a right to establish and administer educational 
institutions. Merely because the petitioners are receiving aid, their 
autonomy ofadministration cannot be totally restricted and institutions 
cannot be treated as a government owned one. Receiving aid from State 
coffers cannot be treated as a justification for imposition of any C 
restrictions that cannot be imposed otherwise. (218-A-C; 221-A) 
2. The State can impose such conditions as are necessary for the 
proper maintenance of standards of education and to check 
maladministration. The State can regulate the method of selection and D 
appointment of teachers after prescribing requisite qualification for 
the same. Under the University Grants Commission Act, 1956, the 
University Grants Commission has laid down qualifications to a 
teaching post in a University. UGC conducts National Eligibility Test 
(NET) for determining teaching eligibility of candidates. It has also 
authorized accredited States to conduct State Level Eligibility Test E 
(SLET). Only a person who has qualified NET or SLET will be eligible 
for appointment as a teacher in an aided institution. This is the 
required basic qualification of a teacher. This also maintains equal 
standard of teachers. 1219-A, D; 220-D-G) 
F 
1.3. Independence for the selection of teachers among the qualified 
candidates is fundamental to the maintenance of the academic and 
administrative autonomy of an aided institution. Petitioner's right to 
administer includes the right to appoint teachers of its choice among the 
NET/SLET qualified candidates. In this view of the matter, it is not G 
necessary to decide the issue of minority/denominational status ofBrahmo 
Samaj as the issue does not arise in the instant case. (218-A; 220-E-GI 
3. The State Government shall take note of the declaration of law 
made by this Cou-rt* in this regard and make suitable amendments to H 
216 
SUPREME COURT REPORTS [2004] SUPP. 2 S.C.R. 
A their laws, rules and regulations to bring them in conformity with the 
principles set out therein. Till then the interim orders made by this 
Court in these proceedings will be operative. [221-Df 
*TMA. Pai F

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