Mumbai: The Bombay High Court affirmed that the Maharashtra Educational Institutions (Management) Act of 1976 does not apply to educational institutions operated by religious and linguistic minorities. This decision, delivered by a division bench of Justices A.S. Chandurkar and Rajesh Patil, effectively annulled an order from Pune’s director of education that had appointed an administrator for institutions managed by the Karachi Education Society, a registered Sindhi linguistic minority trust, reports the Free Press Journal.
The controversy arose when the director of education issued an order on August 21, placing an administrator over Navin Hind BT Shahani High School & Junior College in Pune, a school under the Karachi Education Society’s management. The Society, which represents the Sindhi linguistic minority, contended that, as a recognised minority institution, it should be exempt from the Act. Citing Section 12, the bench agreed, emphasising that the Act does not govern institutions run by religious or linguistic minorities.
The petitioner supported its case with certification from the minorities development division, establishing its status as a linguistic minority institution. The director’s actions, they argued, fell beyond his jurisdiction under these circumstances. The state, however, defended the decision, pointing to complaints related to staff conduct and suggesting an appeals process was available, minimising the need for judicial intervention.
In its judgment, the court held that the director had overreached in applying the Act to this institution, safeguarding the right of minority groups to operate their own educational facilities without interference. This ruling reinforces the autonomy granted to religious and linguistic minorities in managing educational institutions, a principle enshrined in the Indian Constitution.
