- (1.) Role of the State in the appointment of a teacher at a State-aided educational institution is the matter for settlement here.
(2.) Facts that lead to the present case are as follows : The State of West Bengal passed the West Bengal College Teachers (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 Sec. 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 Appointment to the Posts of Teachers Including Principals) Regulations, 1980 were also made. Appointments of teachers were made under this scheme thereafter.
(3.) Brahmo Samaj Education Society, petitioners, challenge this procedure of appointing teachers. The petitioners' case is that they are a religious minority and a religious denomination within the meaning of Arts. 25, 26 and 30(1) of the Constitution; that the appointment of teachers by the College Service Commission under the College Service Commission Act and other orders/rules is unconstitutional; that they alone have the right to appoint teachers and enforce discipline amongst them; that therefore, they prayed to prohibit the State of West Bengal, respondents, from enforcing the Security of Service Act and the College Service Commission Act.;