News: The Supreme Court has upheld the constitutionality of West Bengal Madrasah Service Commission Act
2008 observing that there is no absolute and unqualified right of appointment for minority educational
institutions.
Facts:
Background:
● The West Bengal Assembly had passed an act called West Bengal Madrasah Service Commission
Act of 2008.
● The 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.
● The act was challenged in the apex court by managing committees of various madrasas on the basis
that the act violates Article 30 of the Constitution which deals with the right of minorities to
establish and administer educational institutions.
● Calcutta High Court in 2015 had declared the Act ultra vires to Article 30 of the Constitution
About the Supreme Court Judgement:
● The Court 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 court also applied the principles laid down in the decision in TMA Pai Foundation case. It
observed that the provisions of the Act are not transgressing the rights of the minority institutions.
● Further, the court also said that the managements of minority institutions cannot ignore 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.

Additional Facts:
About Minority Institutions:
● Article 30(1) provides religious and linguistic minorities to establish and administer educational
institutions.
● A majority community can also establish and administer educational institutions, but they will not
enjoy special rights under Article 30(1)(a).
Special Rights enjoyed by Minority institutions:
● Under Art 30(1)(a), a minority institution enjoys the right to education as a Fundamental Right.
But, in case the property is taken over by the state, due compensation to be provided to establish
institutions elsewhere.
● In P.A. Inamdar Vs. State of Maharashtra case, the court had said that (a)policy of reservation in
admission cannot be made applicable to a minority institution and (b)policy of reservation in
employment cannot be made applicable to a minority institution.
● Further, a minority educational institution covered under Article 30(1) of the Constitution including
a Madrasa is exempted from the purview of the Right of Children to Free and Compulsory
Education Act.
● In St Stephens’s vs. Delhi University case,1992, the SC has ruled that the minority institution can
have approximately 50% of seats reserved for the minorities.
● In TMA Pai & others vs. State of Karnataka & others 2002 case, the SC ruled that minority
institutions can have separate admission process which is fair, transparent and merit based.