Excessive State Intervention in Regulating Minority Educational Institutions: An Insidious Constitutional Aberration

Abstract

This article explores the extent of state regulation in aided minority educational institutions. It analyses the decision in the Sk. Md. Rafiq, which goes contrary to the settled law of limited state interference. In matters of selection and appointment of teachers, the state can prescribe only certain criteria to achieve ‘educational excellence’ in the ‘national interest’. However, the impugned statutory provisions have virtually eroded the autonomy that the management board of the institution hitherto enjoyed. The ripples of this decision are far-reaching, given this unprecedented judicial affirmation of virtually unbridled state intervention. State control is necessary to ensure that such institutions maintain basic standards in imparting education. It cannot pave the way for a situation where the board is bound by state recommendations. A moderate state role in such institutions is essential for the preservation of the minority character of institutions under Article 30(1) of the Indian Constitution.