Author:
Publication: Rediff on Net
Date: October 31, 2002
URL: http://www.rediff.com/news/2002/oct/31sc.htm
The Supreme Court on Thursday declared
that minority educational institutions funded by the State can be subject
to its regulations.
An eleven-judge constitution bench,
headed by Chief Justice B N Kirpal, said the minority had a right to establish
educational institution, and if it is unaided the State cannot regulate
the same.
The bench said in case of an unaided
minority educational institution the State can provide qualification for
the teaching staff.
The State and the university concerned
would not interfere in the management of unaided minority schools so long
as the education is transparent and merit is given primacy in admissions,
more so in professional institutions.
The bench also comprised of Justice
G B Pattanaik, Justice V N Khare, Justice S Rajendra Babu, Justice S S
M Quadri, Justice Ruma Pal, Justice S N Variava, Justice K G Balakrishnan,
Justice P V Reddi, Justice Ashok Bhan and Justice Arijit Pasayat.
Chief Justice Kirpal delivered the
majority judgement on his behalf and on behalf of Justice Pattanaik, Justice
Babu, Justice Balakrishnan, Justice Reddy and Justice Pasayat.
The majority judgement answering
the question 'Who constitutes a minority?' said, "The linguistic and religious
minorities have to be considered on the basis of states and the population
therein. The states were reorganised on the basis of language."
The bench also said while minorities
have a right to establish educational institutions the same right is also
available to the majority community.
Justice Kirpal said an unaided minority
educational institution had a right to admit students from its community
'but it has to admit some students from the non-minority community'. "What
will be the percentage of admission granted to non-minority students into
unaided MEIs will vary from institution to institution and the State will
have to declare the percentage on the basis of population," he said.
The bench categorically said in
case of aided MEIs the admission has to be on the basis of a common entrance
test or a formal entrance test.
