Yunus Ali Sha, Appellant v. Mohamed Abdul Kalam and others, Respondents.
Mrs. SUJATA V. MANOHAR AND R.C. LAHOTI, JJ.
Constitution of India, Article 30(1) – Orissa Education Act (15 of 1969), Sections 10-A, 2 -Minority Educational Institution -Termination of services of teacher - Prior approval of Director - Not necessary - It is province of Managing Committee of Minority Institution.
Section 10-A of the Orissa Education Act which requires prior approval of the Director before termination of the services of a teachers of an aided institution, has no application to a minority institution. While the Directorate of Education, Orissa may have power to supervise the functioning of the said school in order to ensure that it does not malfunction or is not mal-administered, in view of Article 30(1) of the Constitution and Directorate has no control over the actual management of the school including hiring or termination of services of teachers.
This is entirely within the control of the Managing Committee of the minority institution.
(Source: AIR 1999 Supreme Court 1377)
Allahabad High Court on Excessive Reservation for Internal Students
Banaras Hindu University and another, Petitioners v. Dr. Deepak Kumar Singh and another, Respondents.
D.P. MOHAPATRA, C.J. AND G.P. MATHUR, J.
Constitution of India, Articles 14, 226 - Education - Post-graduate courses in Medical Sciences - Admission - 75% reservation to internal students by Banaras Hindu University -
Held, void and unconstitutional.
The reservation of seventy five per cent of seats to the Post-Graduate Course in Institute of Medical Sciences, Banaras Hindu University, Varanasi for internal candidates belonging to the Institute of Medical Sciences, Banaras Hindu University is arbitrary and unconstitutional ... The effect of such a reservation is that any one who passes M.B.B.S. examination from the Institute is automatically assured of a seat in the Post- Graduate Courses. The spirit of competition is completely lost ... This is bound to generate a feeling of complacence.
If there is no reservation or the reservation is limited and the student is bound to work hard as he will have to compete with all other medical graduates who will appear in the competition held for the purpose of selecting students for the Post-Graduate Course.
Institutional preference can be given only to the extent of fifty per cent of the successful students of the M.B.B.S. Course and this should be further reduced with the passage of time ... There is no justification for giving any institutional preference to any student in superspeciality courses as best talent should be produced by holding an open competition at the national level. (Source: AIR 1999 Allahabad 172)
