The Allahabad High Court ruled that while the Indian Constitution undoubtedly guarantees minorities the right to establish and administer educational institutions of their choice, this right cannot be interpreted to grant immunity from reasonable regulations enacted to ensure academic excellence and maintain educational standards.
While hearing the petition filed by the Committee of Management Madrassa Arabiya Shamshul Uloom Sikariganj Ehata Nawab and others, the court ruled that minorities' rights under Article 30(1) of the Indian Constitution must be exercised within reasonable regulations and frameworks established by the state government to ensure academic excellence and maintain educational standards, Hindustan Times reports.
“Thus, the issuance of advertisement without waiting for the government to frame the standards for qualification of teachers in the madarsa is bad in the eyes of law and in violation of the aforesaid article,” Justice Manju Rani Chauhan observed in her October 17 order.
With this, the court dismissed the petition of Nazime of Ala/Manager of Madarsa Arabiya Shamshul Uloom Sikariganj (Ehata Nawab), Gorakhpur, for its advertisement for the employment of assistant teachers and a clerk, which was issued in violation of government rules.
According to the petitioner, the government order (GO) directing the selection of teachers in madrasas was issued on May 20, 2025, and the advertisement for recruitment to the various positions under challenge was issued on April 29, 2025.
It was argued that, despite representations, the selection process continued in accordance with the advertisement rather than the GO.
Holding that the right under Article 30(1) of the Indian Constitution was subject to reason, the court determined that the manager had violated the Supreme Court's order and government policy.
