Bombay High Court
Landmark
|Monday, 23 February 2026Bombay HC Quashes Directive on Staff Absorption in Vidarbha Minority Education Society Case
Bench
Smt. M. S. JAWALKAR, J.
M.S. Jawalkar
Bombay HC Quashes Directive on Staff Absorption in Vidarbha Minority Education Society Case (2026) held that The directive requiring minority institutions to absorb surplus non-teaching staff is unconstitutional and violates their rights under Article 30(1).
The case involves the Vidarbha Minority Education Society and other minority institutions challenging a directive from the Maharashtra Director of Education that required them to absorb surplus non-teaching staff as a condition for approval of their appointments. The court found this directive to be arbitrary and illegal, infringing on the rights of minority institutions under Article 30(1) of the Constitution of India. The court ruled in favor of the petitioners, quashing the directive and ordering the state to grant the necessary approvals for appointments made by the minority institutions.
The directive requiring minority institutions to absorb surplus non-teaching staff is unconstitutional and violates their rights under Article 30(1).
The state cannot impose conditions on minority institutions that infringe upon their autonomy to administer their educational establishments.
The court reaffirmed that minority institutions have the right to recruit staff without interference from state authorities.
Impugned communication issued by the Director of Education
Hearing reserved
Join 50,000+ legal professionals
Final judgment delivered
