The High Court of Bombay at Goa recently decided in favor of the Diocesan Society of Education, allowing them to run their schools without interference from rules set by the state. This decision highlights the rights of minority groups to manage their own educational matters.
The Diocesan Society of Education, led by Fr. Jesus Nazareth Rodrigues, filed two requests against certain rules under the Goa School Education Rules, 1986. They claimed these rules violated their rights as a minority group under Article 30 of the Indian Constitution, which lets minority groups start and run schools of their choice.
The main issue was Rule 46, which set the rules for who can be on the school management committees and what powers they have. The Society argued that this rule gave the state too much control over hiring and discipline of school staff, which should be their decision.
"The Petitioner-Society, as a minority institution, has the right to run its schools," argued Mr. J. E. Coelho Pereira, Senior Advocate for the Society.
Justice Bharati Dangre and Justice Nivedita P. Mehta were the judges for the case. The court decided that while the state can have rules to keep educational standards, these should not take away the rights of minority groups to manage themselves.
"The insistence that appointment orders should be signed by the Managing Committee of the school is unjustified," the court stated.
The ruling supports the independence of minority groups in managing their schools. It shows the balance between state rules and the constitutional rights of minority communities to manage their own educational matters. The case is an important win for minority educational institutions in India.
