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Date – 21st Jun 2021

On June 21, 2021 The Gujarat high court issued notice to the state government on a batch of petitions filed by various government-aided minority schools challenging an Act conferring powers on the state education board to appoint teachers and principals in institutions. Chief justice Vikram Nath and Justice Biren Vaishnav the division bench issued notice to the government and asked it to reply in 3 weeks.

These schools have challenged the Gujarat Secondary and higher secondary education (Amendment) Act, 2021 that was notified on May 31, 2021 and which provides the state education board powers to supply for qualifications and methods of selection for non-teaching staff of registered private and better secondary schools, also as conditions of appointment, promotion, and termination of employment of principal, teaching and non-teaching staff of such schools.

The amended Act also confers on the board the facility to manage the recruitment of non-teaching staff and allows the Gujarat State School Service Commission to pick teachers and headmasters of registered government aided private secondary and higher secondary schools.

The petitioners have claimed that the amended Act takes away the right of the management to administer the institution and Act was "unjustified and unlawful," and denies the fundamental right of the petitioners to realize excellence and to administer its institution as per its requirements keeping in mind broad principles of the Constitution governing minority institutions.

The pleas said the amendment to the Act offends the protection conferred on minorities through Articles 29 and 30 of the Constitution, and sought the court's direction to prohibit the government from applying provisions of Sections 17 (26), 34 (2), and 35 of the principal Act on minority institutions.

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