Fundamental Right Of Minorities To Administer Educational Institutions Cannot Be Waived: SC [Read Judgment]
5 years, 3 months ago

Fundamental Right Of Minorities To Administer Educational Institutions Cannot Be Waived: SC [Read Judgment]

Live Law  

The Supreme Court has reiterated that the fundamental right of Minorities under Article 30 of the Constitution of India to administer educational institutions cannot be waived.The issue in this case was whether Khalsa Girls High School is a minority institution, if so, whether the Institution's right to select and appoint teachers is in any. The issue in this case was whether Khalsa Girls High School is a minority institution, if so, whether the Institution's right to select and appoint teachers is in any way affected by the provisions of the Rules of Management of Recognised Non-Government Institutions, 1969 framed under the provisions of the West Bengal Board of Secondary Education Act, 1963? The bench comprising Justice RF Nariman, Justice R.Subhash Reddy and Justice Surya Kant was answering a reference which arose out of a split judgment by division bench in which one of the judges held that the school having accepted the special constitution in terms of Rule 8 of the Rules, the school is estopped from contending that it is a minority institution governed by special rules to be framed by the State under Rule 33 of the Rules. Pai Foundation v. State of Karnataka, the court observed that if the school is a minority institution, Rule 28 of the Rules for Management of Recognized Non-Government Institutions 1969, cannot possibly apply as there would be a serious infraction of the right of the school management to administer the institution with teachers of its choice.

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History of this topic

Karnataka cabinet eases rules for higher education institutions run by minorities
1 month, 1 week ago

Karnataka cabinet eases rules for higher education institutions run by minorities

New Indian Express  

BENGALURU: The state cabinet on Friday decided to free religious minority higher education institutions from certain rules, including enrolling 50% of students from minority communities, to get the minority status. It also decided that two-third of the staff of these institutions should be from respective minority communities. The cabinet decided to publish the draft of the amendment to the Karnataka …

Criteria To Determine Minority Status Of Educational Institution Under Article 30 : Supreme Court Explains In AMU Case
2 months, 1 week ago

Criteria To Determine Minority Status Of Educational Institution Under Article 30 : Supreme Court Explains In AMU Case

Live Law  

In the Aligarh Muslim University case, Chief Justice of India DY Chandrachud, in the majority judgment, outlined key criteria for determining an educational institution's entitlement to minority rights protection under Article 30 of the Indian Constitution.The key points from the judgment are as follows :'Establish' and 'administer' must be read conjunctivelyBased on precedents, the. An educational institution established by a …

Aligarh Muslim University minority status case: Supreme Court overrules 1967 verdict
2 months, 1 week ago

Aligarh Muslim University minority status case: Supreme Court overrules 1967 verdict

The Hindu  

An educational institution established by a minority community will not lose its identity once it is recognised through a statute, the Supreme Court declared on Friday in a 4:3 majority judgment by a seven-judge Bench headed by Chief Justice of India D.Y. Chief Justice Chandrachud held that an institution established by a minority community was indeed a minority educational institution. …

Aligarh Muslim University : Minority Status Not Lost Merely Because Institution Was Created By Statute- Supreme Court
2 months, 1 week ago

Aligarh Muslim University : Minority Status Not Lost Merely Because Institution Was Created By Statute- Supreme Court

Live Law  

In the case relating to the minority status of Aligarh Muslim University, a 7-judge bench of the Supreme Court, overruled the 1967 judgment in S. Azeez Basha vs. Union Of India to the extent it held that an institution incorporated by a statute cannot claim to be a minority institution.The issue whether Aligarh Muslim University is a minority institution as …

On His Last Day In SC, CJI Chandrachud-Led Bench Paves Way For AMU Minority Status
Top News
2 months, 1 week ago

On His Last Day In SC, CJI Chandrachud-Led Bench Paves Way For AMU Minority Status

ABP News  

The Supreme Court of India on Friday announced its verdict on whether the Aligarh Muslim University enjoys minority status under Article 30 of the Constitution or not. In the key judgment the Supreme Court overruled its 1967 decision, which held that Aligarh Muslim University can't claim minority status as it was created by a statute. Chief Justice of India DY …

Aided Minority Institutions Have Absolute Right To Appoint Principals, Teachers; DoE Can Only Prescribe Qualification & Experience: Delhi HC
7 months, 2 weeks ago

Aided Minority Institutions Have Absolute Right To Appoint Principals, Teachers; DoE Can Only Prescribe Qualification & Experience: Delhi HC

Live Law  

The Delhi High Court has ruled that aided minority institutions have an absolute right to appoint the Principals, teachers and other staff in the educational institutions run by them.“The grant of aid, by the State, to the minority institution, makes no substantial difference to this legal position. The Delhi High Court has ruled that aided minority institutions have an absolute …

SG: last part of 15(5) is an exception to the... ... Aligarh Muslim University Minority Status: Live Updates From Supreme Court Hearing [Day 6]
11 months, 2 weeks ago

SG: last part of 15(5) is an exception to the... ... Aligarh Muslim University Minority Status: Live Updates From Supreme Court Hearing [Day 6]

Live Law  

SG: last part of 15 is an exception to the equality clause and therefore the test to decide the university to be a minority will have to be very strict test.this amendment after TMA Pai and Inamdar they did not take note of this fact. Where yourlordships have said that 15 is an extension of the doctrine of equality because …

AMU Minority Status Case | Article 30 Not A Mere Enabling Provision, It's An Obligation On State, Says Supreme Court [Hearing Day 4]
11 months, 3 weeks ago

AMU Minority Status Case | Article 30 Not A Mere Enabling Provision, It's An Obligation On State, Says Supreme Court [Hearing Day 4]

Live Law  

The 7 Judges Constitution Bench led by the Chief Justice of India, DY Chandrachud continued its hearing on the issue of granting minority status to Aligarh Muslim University under Article 30. It cannot be that I as a state can decide to grant or deny you the status.” To which, the AG clarified, “The choice part is given to each …

Minorities’ right to open institutions not for ghettoisation: Supreme Court
1 year ago

Minorities’ right to open institutions not for ghettoisation: Supreme Court

The Hindu  

The Supreme Court on January 11 observed that the right given to religious and linguistic minorities to establish and administer their own educational institutions under Article 30 of the Constitution was not intended to “ghettoise” them. Senior advocate Kapil Sibal, who represents the AMU Old Boys’ Association, said whether or not an educational institution has minority character should be learnt …

What Extent Of Minority Presence Required In Administration To Claim Protection Of Article 30? Supreme Court Discusses In AMU Case [Day 2]
1 year ago

What Extent Of Minority Presence Required In Administration To Claim Protection Of Article 30? Supreme Court Discusses In AMU Case [Day 2]

Live Law  

The Supreme Court in continuance of its hearing of the Constitution Bench matter on the issue of the minority status of the Aligarh Muslim University, noted that the requirement to 'administer' under Article 30 of the Constitution may not be absolute for an education institution to qualify the minority character. In the later part of the hearing as well, the …

S.98 Karnataka Education Act Applicable To Unaided Educational Institutions Run By Linguistic Minority Bodies: Karnataka High Court
1 year, 2 months ago

S.98 Karnataka Education Act Applicable To Unaided Educational Institutions Run By Linguistic Minority Bodies: Karnataka High Court

Live Law  

The Karnataka High Court has held that Section 98 of the Karnataka Education Act, which pertains to the Retrenchment of Employees, is applicable to unaided educational institutions run by the linguistic minority institution. The hospital relied on TMA Pai Foundation vs. State of Karnataka 8 SCC 481 to argue that Section 98 is not applicable to the unaided educational institution …

Article 30 - Minority Educational Institution Cannot Claim Exemption From Admission & Fee Regulatory Committee : Supreme Court
1 year, 9 months ago

Article 30 - Minority Educational Institution Cannot Claim Exemption From Admission & Fee Regulatory Committee : Supreme Court

Live Law  

The Supreme Court has held that a minority educational institution cannot claim complete immunity from the exercise undertaken by the Admission and Fee Regulatory Committee by claiming protection under Article 30 of the Constitution of India.The Court was deciding the issue whether a minority educational institution in the State of Madhya Pradesh is required to get the fees charged by …

Minority School Not Entitled To State Grant Towards Salary For Employee Retained Beyond Retirement Age : Supreme Court
1 year, 10 months ago

Minority School Not Entitled To State Grant Towards Salary For Employee Retained Beyond Retirement Age : Supreme Court

Live Law  

The Supreme Court, on Tuesday, held that if an employee is continued in service by the management of any registered minority Secondary School receiving Grant-in-Aid from the State-Government, then such school would not be entitled to receive any grant in respect of the expenditure incurred for continuing such employee beyond the stipulated superannuation age. A Bench comprising Justice Dinesh Maheshwari …

SC gives Centre last chance to wrap up collection of States’ views on minority identification
1 year, 11 months ago

SC gives Centre last chance to wrap up collection of States’ views on minority identification

The Hindu  

The Centre's position in the Supreme Court on Tuesday remained uncertain on whether its 1993 notification identifying Muslims, Christians, Sikhs, Buddhists and Parsis as minority communities needed reconsideration in light of a view by the National Commission for Minorities that religious and linguistic minority communities ought to be identified State-wise. The NCM's input, dating back to October 2020 and reproduced …

SC to Examine if Administration of Educational Institution by Minority Community Will Give it Special Status
2 years, 3 months ago

SC to Examine if Administration of Educational Institution by Minority Community Will Give it Special Status

News 18  

The Supreme Court has agreed to examine whether an educational institution administered by members of a minority community would result in it being conferred the status of a minority institution. The top court was hearing an appeal filed by Mahayana Theravada Vajrayana Buddhist Religious and Charitable Trust challenging the Allahabad High Court order which observed that mere administration of an …

SC to examine if educational institution run by minorities will get special status
2 years, 3 months ago

SC to examine if educational institution run by minorities will get special status

Deccan Chronicle  

NEW DELHI: The Supreme Court has agreed to examine whether an educational institution administered by members of a minority community would result in it being conferred the status of a minority institution. The top court was hearing an appeal filed by Mahayana Theravada Vajrayana Buddhist Religious and Charitable Trust challenging the Allahabad High Court order which observed that mere administration …

What minority tag for Hindus means for India
2 years, 7 months ago

What minority tag for Hindus means for India

Hindustan Times  

There is an ongoing debate on whether Hindus can claim the protection of rights guaranteed to minorities under Articles 29 and 30 of the Indian Constitution. In the case, the Supreme Court held that for Article 30, which deals with the rights of minorities to establish educational institutions, religious and linguistic minorities have to be considered state-wise. By placing reliance …

SC Grants Last Opportunity to Centre to File Reply on PIL for Identifying Minorities at State Level
3 years ago

SC Grants Last Opportunity to Centre to File Reply on PIL for Identifying Minorities at State Level

News 18  

The Supreme Court Friday granted the "last opportunity" to the Centre to file its reply on a PIL seeking directions for framing of guidelines identifying minorities at the state level as Hindus are in a minority in 10 states and are not able to avail the benefits of schemes meant for minorities. The apex court also allowed the plea seeking …

Can A School Purchased By Minority Community From A Person Of Another Community Claim Article 30 Rights? Supreme Court To Consider
3 years, 5 months ago

Can A School Purchased By Minority Community From A Person Of Another Community Claim Article 30 Rights? Supreme Court To Consider

Live Law  

The Supreme Court has issued notice on a special leave petition which raises the issue whether a school purchased by a minority community from a person belonging to another community is entitled to claim minority rights under Article 30 of the Constitution of India.A division bench comprising Justices S Abdul Nazeer and Krishna Murari, while issuing notice, also stayed the …

Private Unaided Education Institutions Discharge Public Duty Of Imparting Education; Amenable To Writ Jurisdiction: Calcutta High Court
3 years, 7 months ago

Private Unaided Education Institutions Discharge Public Duty Of Imparting Education; Amenable To Writ Jurisdiction: Calcutta High Court

Live Law  

The Calcutta High Court has held that private unaided educational institutions discharge public function under the Right to Education Act and are therefore amenable to the Court's writ jurisdiction under Article 226 of the Constitution. The Court's attention was also drawn to a Full Bench decision rendered by the Allahabad High Court in Roychan Abraham v. State of UP, AIR …

Supreme Court: Right To Education Under Article 21A Envisages That Teachers Must Be Meritorious & The Best Of The Lot
4 years, 1 month ago

Supreme Court: Right To Education Under Article 21A Envisages That Teachers Must Be Meritorious & The Best Of The Lot

Live Law  

Right to education guaranteed in terms of Article 21A of the Constitution would envisage quality education being imparted to the children which in turn, would signify that the teachers must be meritorious and the best of the lot, the Supreme Court observed while dismissing the appeals filed by Uttar Pradesh Shiksha Mitra Association in a case related to the recruitment …

SC Notice to Centre on PIL for Identifying Minorities at State Level
4 years, 4 months ago

SC Notice to Centre on PIL for Identifying Minorities at State Level

News 18  

The Supreme Court Friday sought the Centre's response on a PIL seeking directions for framing of guidelines identifying minorities at the state level as the Hindus are in a minority in 10 states and are not able to avail the benefits of schemes meant for minorities. The PIL, filed by BJP leader and advocate Ashwini Kumar Upadhyay, said it has …

Plea In SC Seeks Identification of Minorities At 'State Level'; Challenges S. 2(f) Of National Commission for Minority Education Institution Act [Read Petition]
4 years, 5 months ago

Plea In SC Seeks Identification of Minorities At 'State Level'; Challenges S. 2(f) Of National Commission for Minority Education Institution Act [Read Petition]

Live Law  

BJP leader Ashwini Kumar Upadhyay has moved the Supreme Court seeking a direction upon the Central Government to lay down guidelines for identification of minorities "at State level", in spirit of its verdict in the TMA Pai case. Muslims, Christians, Sikhs, Buddhists and Parsee, as minorities "at national level", thus giving them the right to establish & administer minority educational …

Article 30 Doesn't Prevent State From Imposing Reasonable Regulations To Make Administration Of Minority Institutions Transparent : SC
4 years, 8 months ago

Article 30 Doesn't Prevent State From Imposing Reasonable Regulations To Make Administration Of Minority Institutions Transparent : SC

Live Law  

In the judgment upholding the validity of National Eligibility cum Entrance Examination for admission to medical and dental courses, the Supreme Court re-stated the principles governing minority educational institutions under Article 30 of the Constitution of India.In the case Christian Medical College, Vellore vs Union of India, a bench comprising Justices Arun Mishra, Vineet Saran and M R. In the …

100 pc quota for ST teachers in schools not permissible: Supreme Court
4 years, 8 months ago

100 pc quota for ST teachers in schools not permissible: Supreme Court

Deccan Chronicle  

The Supreme Court on Wednesday held that 100 per cent reservation of teachers post for the scheduled tribes in the schools located a predominantly tribal areas was not permissible and no reservation could exceed the limit of 50 per cent as fixed by the top court in Indra Sawhney case on November 16, 1992. “Providing for 100 percent reservation is …

Minority Educational Institutions : SC Issues Notice To WB Govt On Plea To Refer 2-Judge Bench Decision To Larger Bench
4 years, 11 months ago

Minority Educational Institutions : SC Issues Notice To WB Govt On Plea To Refer 2-Judge Bench Decision To Larger Bench

Live Law  

The Supreme Court on Friday issued notice on a petition filed by Contai Madrasah Committee challenging the January 6 Judgment of a 2-judge bench of SC which upheld the West Bengal Madrasah Service Commission Act 2008 on the ground that minority educational institutions have no absolute right to appoint teachers.A bench headed by CJI issued notice to the West Bengal …

Kerala HC asks schools to desist from imparting religious study without govt. permission
4 years, 11 months ago

Kerala HC asks schools to desist from imparting religious study without govt. permission

The Hindu  

In a significant verdict, the Kerala High Court on Friday directed the State government to issue an order directing all recognised private schools in the State to desist from imparting religious instruction or religious study without the permission of the government. The right to establish and administer educational institutions under Article 30 would also include the right to choice of …

'Two Judge Bench Judgment On Appointment Of Teachers In Minority Institutions 'Per Incurium': Madrasah Committee Moves SC Seeking Reference To Larger Bench
5 years ago

'Two Judge Bench Judgment On Appointment Of Teachers In Minority Institutions 'Per Incurium': Madrasah Committee Moves SC Seeking Reference To Larger Bench

Live Law  

The Supreme Court has agreed to hear a petition filed by Contai Madrasah Committee challenging the January 6 Judgment of a Two Judge bench of the top court, whereby it was held that there is no absolute and unqualified right of appointment for minority educational institutions. It held that when it comes to the right to appoint teachers, a regulation …

Medium Of Instruction Of School Irrelevant To Discover Whether It Is A Linguistic Minority Institution Or Not: SC [Read Judgment]
5 years, 3 months ago

Medium Of Instruction Of School Irrelevant To Discover Whether It Is A Linguistic Minority Institution Or Not: SC [Read Judgment]

Live Law  

The Supreme Court has observed that the medium of instruction, whether it be Hindi, English, Bengali or some other language would be wholly irrelevant to discover as to whether the said school was founded by a linguistic minority for the purpose of imparting education to members of its community.The bench comprising Justice Rohinton Fali Nariman, Justice R. Subhash Reddy and …

Right Of Minority Educational Institutions Not Absolute; Are Amenable To Regulations, Says SC [Read Judgment]
5 years, 3 months ago

Right Of Minority Educational Institutions Not Absolute; Are Amenable To Regulations, Says SC [Read Judgment]

Live Law  

While turning down the plea challenging certain G.O.Ms issued by Government of Andhra Pradesh, the Supreme Court observed that the right of minority institutions is not absolute, and is amenable to regulation and that the protection granted to Minority Educational Institutions to admit students of their choice is subject to reasonable restrictions.The impugned GOMs stipulated that for the. While turning …

Supreme Court issues notice to Karnataka on school admission rule change
5 years, 4 months ago

Supreme Court issues notice to Karnataka on school admission rule change

India Today  

The Supreme Court on Monday agreed to look into the legality of the Karnataka government rule, which exempted unaided and private schools from admitting 25 percent students from the socially and economically disadvantaged groups to class one. The petition said the effect of the amendment was "where a government or aided school existed in a particular neighbourhood, private, un-aided schools …

SC directs National Commission of Minorities to define ’minorities’ and lay down guidelines at state level
5 years, 11 months ago

SC directs National Commission of Minorities to define ’minorities’ and lay down guidelines at state level

Live Mint  

The Supreme Court on Monday directed the National Commission for Minorities to decide on a representation to define the term “minorities” and lay down guidelines for their identification at the state level within three months. A bench headed by Chief Justice Ranjan Gogoi asked the petitioner and advocate Ashwini Kumar Upadhyay to re-file his representation and directed the commission to …

Supreme Court directs National Commission for Minorities to define ‘minorities’, form guidelines for ‘minority’ status
5 years, 11 months ago

Supreme Court directs National Commission for Minorities to define ‘minorities’, form guidelines for ‘minority’ status

Op India  

On Monday, the Supreme Court of India directed the National Commission for Minorities to decide on a representation to define ‘minorities’ and lay down guidelines for identifying minorities at state-level in three months time, reported Live Law. According to reports, the petition was filed in the Supreme Court by BJP leader and advocate Ashwani Kumar Upadhyay seeking minority status for …

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