- 09 October, 2025
Goa, October 9, 2025: In a major decision reinforcing the constitutional autonomy of minority educational institutions, the Bombay High Court at Goa has ruled that the Diocesan Society of Education has the right to manage its schools and appoint staff following its own procedures, provided eligibility norms are met.
“We deem it appropriate to declare that the petitioner-society being a linguistic minority, is not bound to follow the procedure prescribed therein as, according to us, the right to ‘manage and administer’, the institutions run by it in the wake of the right conferred under Article 30(1) of the Constitution do not impose any such limits or restraints on its power, as it is only bound to ensure that the quality of education is maintained by it but, as a minority institution, it must enjoy the rights conferred by the Constitution itself,” stated the order delivered by Justices Bharati Dangre and Nivedita Mehta on two writ petitions filed by the Diocesan Society of Education, which oversees more than 138 schools across Goa.
The Society had contested directives from the Directorate of Education requiring that staff appointment orders be issued under the signature of school managing committees instead of the Society’s Chairman.
The petitioner argued that these directions violated its constitutional rights under Article 30(1), which ensures the right of minorities to establish and administer educational institutions of their choice. It also challenged Rules 46 and 97(2) of the Goa School Education Rules, 1986, along with a 2020 public notice, claiming these provisions limited its autonomy over appointments and disciplinary actions.
Senior Advocate J E Coelho Pereira, representing the petitioner, contended that as a religious minority, the Diocesan Society retained full authority to appoint and discipline teachers, and that the State could not compel it to adopt administrative procedures meant for non-minority institutions.
Advocate General Devidas Pangam, appearing for the State, argued that the rules only ensured compliance with statutory requirements and did not infringe on minority rights.
After examining constitutional precedents such as T.M.A. Pai Foundation, Sindhi Education Society, and Chandana Das (Malakar), the Court held that while minority institutions can be subject to reasonable regulations to maintain educational standards, such measures cannot erode their essential right to manage their own affairs.
“The right to administer does not mean a right to maladministration. Yet, regulations cannot be of such a character as to denude minority educational institutions of their right to administer or impinge upon their rights under Article 30(1),” the Court observed, while quashing and setting aside the Education Department’s letters.
The judgment clarified that the “management” of an institution — as distinct from its “Managing Committee” — lies with the Society that establishes and operates the schools. It ruled that the Directorate’s insistence on having appointment orders signed only by school-level committees violated the Society’s minority rights.
While affirming the State’s power to prescribe teacher qualifications and ensure educational standards, the Court concluded that the Diocesan Society retains full autonomy to make appointments, conduct disciplinary proceedings, and exercise administrative control over its schools.
Source: The Goan Everyday
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