Gujarat Education ActDate: 16 June 2021 Tags: Bills & Laws
A petition has been filed in the Gujarat High Court regarding a government amendment in the law that made passing of Teachers’ Aptitude Test (TAT) mandatory for all teachers and principals in minority education institutions.
The Government of Gujarat has introduced the Gujarat Secondary and Higher Secondary Education (Amendment) Act, 2021 in this regard.
The amended act was passed by the state assembly in the session held in March. The law was notified in June.
All the government and aided secondary and higher secondary schools will have to follow centralised recruitment of teachers.
The rule has been made applicable to all minority institutions, which can be both linguistic as well as religious one.
The original law had given exemptions to religious and linguistic minority institutions from the selection and appointment of teachers, staffs and their terms or service and termination.
Under the updated rules, these institutions are required to hire 15 percent of their staff from people belonging to SC/ST community. In case they are not available, guidelines given under the law have to be followed.
Impact on schools
There are about 97 institutions run by linguistic minorities such as Hindi, Malayalam, Sindhi, Marathi and Tamil.
Religious minority schools are about 300 and majority among those are Muslim, Christian, Parsi, Jain, Jew and Sikh.
The Supreme Court had given a judgement in T MA Pai Foundation and Others vs state of Karnataka case regarding management in minority institutions.
The judgement had said that rules and regulations will be applicable equally to majority as well as minority institutions for the sake of national interest.
If the government makes any changes for ensuring standards of excellence while not taking away their right to establish and administer institutions, it would not violate rights of minorities under Article 30 (1).
Effects of the amendments
Under the centralised process, the state government will give advertisement for positions and a merit list will be prepared based on the applications. Appointments will be made based on the list.