Linguistic minority college can’t remove employee in contravention of Karnataka Education Act, High Court Concludes

Linguistic minority college can’t remove employee: The Karnataka High Court ruled on Friday, November 3, that in violation of the Karnataka Education Act (KEA), 1983, a college cannot dismiss employees under the guise of linguistic minority status.

The high court turned down Rajarajeshwari Dental College and Hospital’s appeal, saying it could not use the argument that the highest court in the TMA PAI case made unaided minority educational institutions different from other educational institutions, which meant that Section 98(1) of the 1983 Act could not be used in this case.

“This is for the simple reason that the 1983 Act is a plenary statute with a strong presumption of validity,” the bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit stated, according to a PTI report.

In June 2021, Rajarajeshwari Dental College and Hospital dismissed Dr. Sanjay Murgod from his position. In opposition, Murgod petitioned a bench of a solitary judge.

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In January 2023, the single judge bench issued an order for his reinstatement to take immediate effect. This was contested by the college in its appeal.

“The significance of education and educational institutions in nation building cannot be overstated; therefore, it is only natural that a legislature would recognise the importance of safeguarding the working conditions and tenure of these employees. “These provisions, in a sense, also target social security, similar to how the Labour Laws benefit labourers,” stated the high court.

According to the PTI report, the HC also rejected the claim that the in question college was subject to the Dentists Act of 1948 and was therefore exempt from the KEA of 1983.