In a significant ruling, the Madurai Bench of the Madras High Court has underscored the need to uphold secularism during staffing in government-funded minority educational institutions. The court emphasized that when schools receive state financial support, their staffing must reflect the state’s secular principles, allowing candidates from diverse religious backgrounds to be considered.

Justice G.R. Swaminathan, who issued the judgment, stressed the constitutional responsibilities of these government-funded minority educational institutions.

He stated, “When the state funds salaries, the fundamental tenets of secularism require that the hiring process be open to all qualified candidates. Restricting applications to individuals of a specific religion contradicts constitutional ethics.”

Suggestions

Justice Swaminathan also suggested that new legislation is necessary to address this issue. He proposed creating a “Transparency in Appointments of Staff in Private Aided Educational Institutions Act” to ensure equitable and secular recruitment practices. This recommendation arose from a petition filed by C. Manohar Thangaraj, the elected treasurer of the Tirunelveli Diocese, who sought to prevent the Bishop from making unilateral decisions regarding hiring teachers and administrators in diocese-run schools.

The judge was clear in his criticism of the alleged flaws in the appointment process within these institutions. He noted, “It is well-known that commercial interests often influence appointments in aided private schools, though some exceptions exist. It is fair to expect that receiving state aid for teaching comes with a duty to hire the most qualified teachers.” While acknowledging the right of minority institutions to manage their appointments, Justice Swaminathan insisted that job openings must be advertised widely to allow all qualified candidates, regardless of caste, religion, or denomination, to apply.

In the case at hand, the judge deemed the diocese’s plan to appoint individuals from its seniority list unconstitutional. Consequently, the court upheld the petition and set a new standard for future cases.

The issue of religious favouritism in government-supported minority institutions has been a contentious matter in Tamil Nadu. Critics, including political pressure groups such as Hindu Munnani, have accused these institutions of hiring based on religious affiliations rather than merit, intending to advance religious agendas under the guise of education. They argue that these institutions while receiving government funds, impose restrictions on students’ religious expressions, such as wearing wristbands or religious symbols, while not imposing similar limits on items like hijabs or rosaries.

Similar Ruling By the Supreme Court

This ruling by the Madurai Bench aligns with earlier precedents. In January 2020, the Supreme Court ruled that government-aided minority institutions do not possess absolute rights in teacher appointments. The court upheld the West Bengal Madrasah Service Commission Act, 2008, establishing a panel for teacher appointments in government-funded madrasas. The Supreme Court found that the Act was constitutional as it ensured a merit-based selection process while accommodating the interests of the institutions.

In contrast, a June 2024 judgment from the Delhi High Court granted government-aided minority institutions complete autonomy in staff appointments. Justice C. Hari Shankar ruled that these institutions have the exclusive right to select their staff, with the Directorate of Education’s role limited to setting qualifications and experience requirements for key positions.

(With inputs from Organiser)

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The post Madurai Bench Of Madras HC Upholds Secularism In Govt-Aided Minority Schools, Calls For Transparent Hiring Amid Tirunelveli Diocese Dispute appeared first on The Commune.

A dispute between two factions within the Tirunelveli Diocese of Church of South India (CSI) ended up in a clash with supporters of Tirunelveli DMK MP Gnana Thiraviyam attacking and hitting a Christian pastor who was opposing them.

The CSI – Tirunelveli Parish oversees several schools and colleges, and elections are held to select correspondents for these educational institutions. Previously, DMK MP Gnanathiraviyam was chosen as the correspondent for Palayangottai St John’s College.

In the administration of the Tirunelveli CSI Diocese, there has been a conflict between Bishop Rev. A.R.G.S.T. Barnabas and Lay Secretary Jayasingh, who lead opposing factions. DMK MP Gnana Thiaraviyam is a supporter of Lay Secretary Jayasingh.

The DMK MP who was a member of the Governing Body of the Tirunelveli Diocese and was also functioning as the correspondent of St. John’s school that comes under the diocese was removed from the posts. He was replaced by one Arul Manickam.

The decision upset the supporters of the DMK MP, leading to a confrontation between the two sides at the college premises on Friday (23 June 2023).

In the midst of this rivalry, Mr. Godfrey Noble, a supporter of Bishop Barnabas, visited the CSI Diocesan Office on North High Ground Road on Monday (26 June 2023) in an attempt to resolve the dispute with the DMK MP. However, he was reportedly chased and attacked by a few individuals when he attempted to enter the office. In the visuals, the Christian pastor Noble can be seen being slapped and kicked by supporters of the DMK MP.

Noble later filed a complaint with the Tirunelveli Police and Bishop Barnabas complained to the DMK high command about the DMK MP’s behaviour. DMK General Secretary Duraimurugan has issued a notice demanding an explanation for the incident within seven days and also warned that disciplinary action will be taken if he fails to give proper explanation.

A case has also been registered against the DMK MP and Jay Singh, Moonradaippu John and Michael associated with a church group. The sections of the Indian Penal Code (IPC) pertaining to rioting, intentionally causing harm, making criminal threats, and aiding and abetting have been slapped against the DMK MP by the state police.

According to latest reports, DMK MP has applied an anticipatory bail to avoid arrest.

More About Godfrey Noble

Christian pastor and a self-proclaimed ‘Bishop’ named Godfrey Noble, runs a party called ‘All India Democracy Protection Kazhagam’ (AIJPK/AIDPK).

In the run up to the 2021 Assembly elections, Godfrey Noble threatened that MK Stalin’s dream of becoming Chief Minister would remain a dream if his party’s demands are not me. He demanded that 7% of the 234 seats (16 seats) be given to his party and Christians. He also demanded that they be given appropriate representation in the Cabinet with the Department of Minority Affairs exclusively allocated for his party.

He also went on to state that Christian population in Tamil Nadu is much higher than what is in the official records. He said that government records won’t give the actual Christian population and emphasized that 35% of the population (2.75 crore voters) are Christians.

He also warned that those (parties) who don’t respect Christians would be taught a lesson.
He also quipped that DMK MLAs would do nothing except pat the bench in the Assembly if Christians were to face problems.

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