The Supreme Court on Monday held that the State is well within its rights to introduce a regulatory regime in the “national interest” to provide minority educational institutions with well-qualified teachers in order for them to “achieve excellence in education.”

The managements of minority institutions cannot ignore such a legal regime by saying that it is their fundamental right under Article 30 of the Constitution to establish and administer their educational institutions according to their choice.

In a 151-page judgment, a Bench of Justices Arun Mishra and U.U. Lalit said the regulatory law should however balance the dual objectives of ensuring standard of excellence as well as preserving the right of the minorities to establish and administer their educational institutions. Regulations that embrace and reconcile the two objectives were reasonable.

The judgment came on a challenge to the validity of the West Bengal Madrasah Service Commission Act of 2008.

The State Act mandated that the process of appointment of teachers in aided madrasahs, recognised as minority institutions, would be done by a Commission, whose decision would be binding.

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