Patna High Court's Landmark Ruling on Minority College Appointments
The Patna High Court has delivered a significant judgment by quashing the appointment of 20 assistant professors at Mirza Ghalib College in Gaya, a decision that is now reverberating across Bihar's educational landscape. This ruling is being viewed as a critical wake-up call for all five government-funded minority colleges in the state, as similar issues have emerged in other institutions, prompting widespread scrutiny.
Constitutional Rights and Regulatory Oversight
In its verdict, the high court emphasized that the right to establish and administer educational institutions, as granted under Articles 29 and 30 of the Constitution, is not absolute. The court explicitly stated, 'the right to establish and administer educational institutions is not absolute. Nor does it include the right to maladminister.' This observation underscores the need for balance between minority rights and regulatory measures to ensure academic excellence.
Rashid Izhar, a senior lawyer at the Patna High Court, explained that these institutions were established to allow religious and linguistic minorities to further their group interests through education. He noted that the government is obligated not to discriminate against these colleges in matters of grants and support, but this does not exempt them from adhering to standards of transparency and efficiency.
Justice Anjani Kumar Sharan's Detailed Judgment
The court's decision referenced a comprehensive 65-page judgment by Justice Anjani Kumar Sharan in case CWJC no. 10935/21. In this ruling, Justice Sharan highlighted that regulatory measures are essential to maintain educational character and academic standards. He asserted, 'there can be regulatory measures for ensuring educational character and standards and maintaining academic excellence. There can be checks on administration as are necessary to ensure that it is efficient and sound, so as to serve the academic needs of the institution.'
Furthermore, Justice Sharan stressed the importance of equitable education, stating that children from minority communities deserve the same quality of education as those in state-run or other private institutions. He warned that without this, minority students might struggle to compete with peers who have access to superior educational opportunities.
Concerns Over Transparency and Nepotism
M A Kazmi, a retired IPS officer and intellectual, voiced concerns about the lack of transparency in the administration of minority educational institutions. He pointed out that there are widespread complaints of nepotism and extraneous considerations in appointments, along with misuse of constitutional protections. Kazmi remarked that some of these allegations are not entirely unfounded, highlighting a growing culture of litigation within Muslim minority educational institutions as a cause for alarm.
Pending Litigation and Broader Implications
According to information from the Patna High Court's official website, numerous cases related to the functioning of these colleges are pending. For instance, in 2025 alone, nine cases—including seven writ petitions, one contempt petition, and one Letters Patent Appeal (LPA)—were filed concerning just one minority college. Additionally, seven writ petitions were filed in 2024 for the same institution. Out of these 16 cases, final judgments are still awaited in 15, indicating a protracted legal battle that affects multiple colleges.
The other government-funded minority colleges in Bihar include Allama Iqbal College in Biharsharif, Soghra College in Biharsharif, Oriental College in Patna City, and Z A Islamia College in Siwan. The high court's ruling is expected to prompt reviews and reforms across these institutions to address administrative flaws and ensure compliance with educational standards.
This development not only impacts the immediate appointments at Mirza Ghalib College but also sets a precedent for how minority educational institutions in Bihar and potentially other states are regulated. It calls for a renewed focus on accountability, fairness, and the overarching goal of providing quality education to all students, regardless of their background.
