In a pivotal judgment, the Madurai Bench of the Madras High Court emphasized the importance of maintaining secularism in government-aided educational institutions. The court asserted that when schools receive financial aid from the government, the appointment of staff must reflect the secular nature of the state by including candidates from all religious backgrounds.
Justice G.R. Swaminathan, who delivered the judgment, highlighted the constitutional obligations of these institutions. “When the salary is paid by the state exchequer, the elementary principles of secularism demand that the process of appointment is thrown open to all eligible candidates,” he remarked. “To say that only a candidate of a particular religious denomination is entitled to apply for a post runs counter to Constitutional morality.”
The judge further suggested that it is time to introduce legislation specifically addressing this issue. He proposed the enactment of a “Transparency in Appointments of Staff in Private Aided Educational Institutions Act,” to ensure fair and secular hiring practices. This observation came during the hearing of a petition filed by C. Manohar Thangaraj, the elected treasurer of the Tirunelveli Diocese. Thangaraj had sought a court directive to prevent the Bishop from unilaterally making decisions regarding the appointment of teachers and correspondents in the educational institutions run by the diocese.
Justice Swaminathan did not mince words when addressing the alleged irregularities in the appointment process within these institutions. “One can take judicial notice of the fact that it is a publicly held belief that appointments in aided private educational institutions are governed by commercial considerations. There are a few honorable exceptions. It is reasonable to hold that the right to receive aid towards teaching grants is coupled with an obligation to appoint the best possible competent teachers,” he stated. He acknowledged the right of minority institutions to manage their appointments but insisted that vacancies must be properly advertised so that all eligible candidates, regardless of their caste, religion, or denomination, can apply.
In the specific case before the court, it was admitted that the diocese intended to appoint candidates from its own seniority list, which the judge declared unconstitutional. As a result, the court allowed the petition, setting a precedent for future cases.
The issue of religious favouritism in government-aided minority institutions has long been a contentious topic in Tamil Nadu. Groups like Hindu Munnani have frequently accused these institutions of appointing staff based on religious affiliations rather than merit, with the goal of propagating their religion under the guise of teaching. They argue that these institutions while receiving government salaries, restrict students from expressing their religious identities—such as wearing wristbands, bangles, or religious symbols—under the pretext of maintaining secularism, while not imposing similar restrictions on the use of hijabs, burqas, or rosaries.
This judgment by the Madurai Bench is not without precedent. In January 2020, the Supreme Court ruled that government-aided minority-run educational institutions do not have an absolute right to appoint teachers. A bench comprising Justice Arun Mishra and Justice U.U. Lalit upheld the West Bengal Madrasah Service Commission Act, 2008, which established a panel to appoint teachers in government-aided madrasas. The court held that the Act was not in violation of the rights of minority institutions, as it ensured a fair selection process that prioritized merit while respecting the interests of the institutions.
However, in a contrasting judgment delivered in June this year, the Delhi High Court held that government-aided minority educational institutions have absolute autonomy in appointing their staff. Justice C. Hari Shankar ruled that these institutions have the right to appoint a person of their choice, with the Directorate of Education’s role limited to prescribing qualifications and experience for key positions.
