Calcutta High Court Upholds Minority School’s Autonomy in Teacher Appointment

Port Blair, Feb. 12, 2026: In a significant ruling reaffirming the constitutional rights of minority educational institutions, the Calcutta High Court’s Circuit Bench at Port Blair has upheld the autonomy of Nirmala Senior Secondary School in appointing a teacher, directing the Directorate of Education to grant approval within two weeks.

Justice Arijit Banerjee delivered the judgment on February 10 in the case WPA/554/2025 – Miss Rozalin Tirkey vs. Nirmala Senior Secondary School & Another, allowing a writ petition filed by Miss Rozalin Tirkey, who had been selected as Post Graduate Teacher (Biology).

Miss Tirkey was unanimously chosen twice by the school’s selection committee, which included a representative from the Directorate of Education. However, the Directorate withheld approval of her appointment, contending that the school’s Recruitment Rules and selection procedures — including the conduct of a demonstration class — did not strictly conform to government-prescribed norms.

In his ruling, Justice Banerjee held that minority institutions are guaranteed the right to administer their affairs under Article 30(1) of the Constitution. While the State may prescribe minimum qualifications to safeguard academic standards, the Court observed, it cannot compel minority institutions to adopt recruitment procedures identical to those followed by government schools, as long as the qualifications set are not inferior.

The Court further clarified that government office memoranda and circulars — including those abolishing interviews in certain recruitment processes — are not binding on minority institutions. It concluded that the Directorate’s communication dated September 16, 2025, withholding approval of Miss Tirkey’s appointment, was unsustainable in law.

Setting aside the communication, the Court directed the Directorate of Education to approve the appointment within a fortnight.

The judgment is seen as a reaffirmation of the constitutional protection accorded to minority educational institutions, underscoring that governmental oversight must be confined to maintaining minimum academic standards without encroaching upon institutional autonomy.

By Catholic Connect Reporter