The Supreme Court has agreed to adjudicate on whether government can force private unaided minority schools to pay salary and allowances as per the recommendations of the Pay Commission.
A bench of justices H L Gokhale and Dipak Misra issued a notice to the Centre and Delhi government on a plea filed by an unaided minority school Sri Guru Harkishan Model School which pleaded that it cannot be forced to pay salaries to its staff at par with that of government schools.
It challenged the verdict of the Delhi high Court which had held that an unaided minority school will also have to pay the salary as per the recommendation of the sixth Pay Commission.
Advocates Vinay Kumar Garg and Vivek Sharma, appearing for the petitioner, contended prescribing salary and allowance for it would interfere with financial management of unaided minority school in violation of Article 30(1) of the Constitution (Right of minorities to establish and administer educational institutions of their choice).
"The HC failed to appreciate that it being an unaided minority educational institution is protected under Article 30(1) of the Constitution of India in the matters of its right to establish and administer educational institution," the petition said.
In the context of rights of minority educational institutions, state interference is permissible within the domain of regulation so as not to interfere with their right under Article 30 and the government cannot create conditions, which would ultimately affect the administrative and financial management of unaided minority institutions, the petition said.
The bench, after a brief hearing, agreed to hear the case and issued notices.
