SK. MD. RAFIQUE versus MANAGING COMMITTEE, CONTAI RAHAMANIA HIGH MADRASAH AND OTHERS

Citation: [2020] 1 S.C.R. 185 · Decided: 06-01-2020 · Supreme Court of India · Bench: ARUN MISHRA, UDAY UMESH LALIT · Disposal: Disposed off

Cited by 2 judgment(s) · cites 9 · see the full citation network in Lexace

Judgment (excerpt)

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SK. MD. RAFIQUE
v.
MANAGING COMMITTEE, CONTAI RAHAMANIA HIGH
MADRASAH AND OTHERS
(Civil Appeal No. 5808 of 2017 etc.)
JANUARY 6, 2020
[ARUN MISHRA AND UDAY UMESH LALIT, JJ.]
Constitution of India:
Art. 30(1) – Aided ‘ Madrasah’ (a minority institution) –
Process of appointment of teachers in – Taken over and entrusted
to Commission constituted under West Bengal Madrasah Service
Commission Act, 2008 – Validity of s. 8, 10, 11 and 12 of the Act
challenged, alleging that the same transgressed upon the rights of
a minority institution of choosing its own teachers – Single Judge
of the High Court held that ss. 8, 10, 11 and 12 of the Act were ultra
vires – The judgment was upheld by Division Bench of High Court
– Appeal to Supreme Court – Held: The essence of Art. 30(1) is to
ensure equal treatment between majority and minority institutions –
A regulation framed in the national interest must apply to all
institutions regardless of they being minority or majority –
Regulation, if seeks to ensure the standards of excellence of the
institutions while preserving the right of the minorities, is permissible
– The Act has been specially designed for Madrasahs and Madrasah
Education system in the State – Legislature has taken care that
composition of the Commission would ensure compatibility of the
teachers who would be selected to impart education in Madrasah
education system – The Act has also provided that Managing
Committee of the Madrasah can point out error in appointment made
by the Commission and that the Madrasah has the right to refuse
the appointment of a candidate recommended by the Commission –
Thus the Act seeks to achieve ‘excellence’ in education and also
seeks to promote interest of the minority institution – Therefore, the
provisions of the Act, cannot be said to be transgressing the rights
of the minority educational institutions – Sections 8, 10, 11 and 12
of the Act are valid and constitutional – Hence, all the nominations
   [2020] 1 S.C.R. 185
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SUPREME COURT REPORTS
[2020] 1 S.C.R.
of the teachers made under the Act are valid and operative – West
Bengal Madrasah Service Commission Act, 2008 – ss. 8, 10, 11
and 12 – West Bengal Madrasah Service Commission Recruitment
(Selection and Recommendation of Persons for Appointment and
Transfer to the Posts of Teaching and Non-Teaching Staff) Rules,
2010 – r. 8.
Disposing of the appeal, the Court
HELD : 1. Out of five incidents which constitute “the right
to establish and administer” an educational institution as noted
in *TMA Pai Foundation case, the right to admit students has not
been considered to be an absolute and an unqualified right. The
decision in **P.A. Inamdar case shows that in professional
educational institutions or those imparting higher education, merit
based selection has been taken to be in the interest of the nation
and subserving and strengthening the national welfare.  Selection
of meritorious students has been accepted to be in the national
interest.  A minority institution cannot in the name of right under
Article 30(1) of the Constitution, disregard merit or merit-based
selection of students as regards professional and higher
education.  The right to take disciplinary action against the staff
has also not been accepted to be an unqualified right. *TMA Pai
Foundation  case itself lays down that even in an unaided minority
educational institution, a mechanism must be evolved and
appropriate Tribunal must be constituted to consider the
grievances and till then the Tribunals could be presided over by
a judicial officer of the rank of a District Judge.  Going by the
decision *TMA Pai Foundation case so long as the principles laid
down therein are satisfied, it is permissible if any regulations
seek to ensure the standard of excellence of the institutions while
preserving the right of the minorities to establish and administer
their educational institutions. [Para 45] [300-D-H; 301-A]
2. When it comes to the right to appoint teachers, in terms
of law laid down in *TMA Pai Foundationcase, a regulation framed
in the national interest must necessarily apply to all institutions
regardless whether they are run by majority or minority as the
essence of Article 30(1) of the Constitution is to ensure equal
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treatment between the majority and minority institutions.  An
objection can certainly be raised if an unfavourable treatment is
meted out to an educational institution established and
adminis

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