The Gujarat High Court on Thursday dismissed a series of petitions filed by minority institutions challenging the 2021 amendments to the Gujarat Secondary and Higher Secondary Education Act. The amendments empower the state to regulate the appointment of teachers and staff in private schools.

The petitioners argued that the amendments violated the constitutional rights of religious and linguistic minorities to manage their educational institutions. They claimed the changes infringed on Articles 29 and 30 of the Constitution, which protect the rights of minorities to establish and administer educational institutions.

“All the writ petitions in this bunch are dismissed,” said a division bench led by Chief Justice Sunita Agarwal. The court’s detailed judgment is awaited.

The amended Act authorizes the state education board to determine qualifications and selection methods for recruiting teaching and non-teaching staff in private secondary and higher secondary schools. Petitioners deemed this move “unjustified and unlawful,” alleging it overstepped the state’s regulatory powers and undermined minority rights.

The state government defended the amendments, emphasizing their intent to ensure a transparent, merit-based recruitment process. The Act also outlines conditions for the appointment, promotion, and termination of school staff, while enabling the Gujarat State School Service Commission to oversee the selection of teachers and headmasters in government-aided private schools.

The High Court’s decision reinforces the state’s authority to regulate private school staffing, despite the objections raised by minority institutions.

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