Maximum Autonomy Given to Private Unaided Schools for their own Administration

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Delhi High Court held that maximum autonomy should be given in the administration of private unaided institutions as presence of Government interference in the Administration of such Institutions will undermine their independence.

In the present appeal, the appellant had challenged the order of the Single Bench of the High Court which had held that the appellant was not eligible to claim benefits under the Assured Career Progression Scheme (ACP) or the Modified Assured Career Progression Scheme (MACP).

The Division Bench of Justice Sistani and Justice Jyoti Singh relied upon the judgement of the Supreme Court in the TMA Pai Foundation case wherein it was held that: “…

There, necessarily, has to be a difference in the administration of private unaided institutions and government-aided institutions. Whereas in the latter case, the Government will have greater say in the administration, including admissions and fixing of fees, in the case of private unaided institutions, maximum autonomy in the day-to-day administration has to be with the private unaided institutions…”

Therefore, the court refused to interfere with the order passed by the Single Judge and noted that appellant is not entitled to any relief under ACP Scheme or MACP Scheme..

Therefore, the court refused to interfere with the order passed by the Single Judge and noted that appellant is not entitled to any relief under ACP Scheme or MACP Scheme..