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TMI Blog2004 (5) TMI 583X X X X Extracts X X X X X X X X Extracts X X X X ..... hers (Security of Service) Act, 1975 (the Security of Service Act) and the West Bengal College Service Commission Act, 1978 (the College Service Commission Act). The latter mainly provides for the constitution of a College Service Commission in West Bengal. Vide Section 7 of the College Service Commission Act, the Commission is vested with the duty to select persons for appointment to the post of teachers of a college; by virtue of which, the power of appointment of a teacher in a college or institution affiliated to a university in West Bengal became vested in the government-appointed College Service Commission. Pursuant to the College Service Commission Act, the West Bengal College Service Commission (Manner of Selection of Persons for Ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he selection of the College Service Commission is permissible or not, in other words, to decipher the role of the State in the matter of appointment of teachers. To establish and administer an educational institution is held to be a right coming under Article 19(1)(g) of the Constitution as enunciated in T.M.A. Pai Foundation v. State of Karnataka ((2002) 8 SCC 481). According to Article 19(6) of the Constitution, the right to establish and maintain an educational institution is subject to the reasonable restrictions imposed by the State in the interest of general public. At the same time, subject to public order, morality and health, every religious denomination or any section thereof can establish and maintain educational institutions und ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er through a common entrance test conducted by the university or the Government followed by counselling, or on the basis of an entrance test conducted by individual institutions - the method to be followed is for the university or the Government to decide. The authority may also devise other means to ensure that admission is granted to an aided professional institution on the basis of merit. In the case of such institutions, it will be permissible for the Government or the university to provide that consideration should be shown to the weaker sections of the society. 72. Once aid is granted to a private professional educational institution, the Government or the State agency, as a condition of the grant of aid, can put fetters on the f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ote the efficiency of teachers, discipline and fairness in administration and to preserve harmony among affiliated institutions. At the same time it has to be ensured that even an aided institution does not become a government-owned and controlled institution. Normally, the aid that is granted is relatable to the pay and allowances of the teaching staff. In addition, the management of the private aided institutions has to incur revenue and capital expenses. Such aided institutions cannot obtain that extent of autonomy in relation to management and administration as would be available to a private unaided institution, but at the same time, it cannot also be treated as an educational institution departmentally run by Government or as a wholly ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tenance of the academic and administrative autonomy of an aided institution. The State can very well provide the basic qualification for teachers. Under the University Grants Commission Act, 1956, the University Grants Commission (UGC) had laid down qualifications to a teaching post in a university by passing Regulations. As per these Regulations UGC conducts National Eligibility Test (NET) for determining teaching eligibility of candidates. UGC has also authorised accredited States to conduct State-Level Eligibility Test (SLET). Only a person who has qualified NET or SLET will be eligible for appointment as a teacher in an aided institution. This is the required basic qualification for a teacher. The petitioners' right to administer in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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