The Gujarat Secondary and Higher Secondary Education (Amendment) Act, 2021, which has made it mandatory to clear Teachers’ Aptitude Test (TAT) to become teachers and principals in minority educational institutions, has been challenged before the Gujarat High Court as “unconstitutional.”What are the provisions of the amendment Act, and why has it been challenged? The Gujarat Assembly passed the Gujarat Secondary and Higher Secondary Education (Amendment) Act, 2021, on March 31 during its budget session, which was notified by the state government on June 1. The amendment mandates minority institutions — both religious and linguistic — to follow a centralized recruitment policy of the state government, which applies to all government and grant-in-aid secondary and higher secondary schools.
The original Act, the Gujarat Secondary and Higher Secondary Education Act 1972, had exempted minority institutions based on religion and language from provisions of Clause 26 of Section 17 of the Act lays down qualifications, methods of selection, and conditions of appointment, promotion, and termination of employment and rules for conduct and discipline of the headmaster and the teaching and non-teaching staff of registered private secondary schools. As per the amendment, “sub-section (1) of section 34 and clause (b) of sub-section (1) and subsection (2), (3), (4) and (5) of Section 36 shall not apply to any educational institutions established and administered by a minority, whether based on religion or language”.Section 36 pertains to the “appointment and dismissal, removal and reduction in rank of certain persons-head master, teacher or a member of the non-teaching staff of a registered private secondary school.”
, he provided that where a person belonging to a scheduled caste or scheduled tribe is not available for filling any such vacancy, the vacancy shall be filled up as otherwise provided in this Act”.Section 36 pertains to the “appointment and dismissal, removal and reduction in rank of certain persons-head master, teacher or a member of the non-teaching staff of a registered private secondary school.” In contrast, section 34 (1) stipulates, “15 percent of vacancies of the teaching staff of a registered private secondary school shall be filled up by persons belonging to the scheduled castes and. In contrast, dueled tribes. While section 34 percentiles “15 percent of vacancies of the teaching staff of a registered private secondary school shall be filled up by persons belonging to the scheduled castes and scheduled tribes. Provided that where a person belonging to a scheduled caste or scheduled tribe is not available for filling any such vacancy, the vacancy shall be filled up as otherwise provided in this Act.”
.Section 36 pertains to the “appointment and dismissal, removal and reduction in rank of certain persons-head master, teacher or a member of the non-teaching staff of a registered private secondary school.” In contrast, section 34 (1) stipulates, “15 percent of vacancies of the teaching staff of a registered private secondary school shall be filled up by persons belonging to the scheduled castes and scheduled tribes. Provided that where a person belonging to a scheduled caste or scheduled tribe is not available for filling any such vacancy, the vacancy shall be filled up as otherwise provided in this Act”.
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