Minority Educational Institutions


  A) ‘The term minority code is not defined anywhere in the Constitution.




  B) Article 30 gives the following rights to religious or linguistic minorities:




  1) All minorities have the right to establish and operate educational institutions of their choice.




  2) The amount of compensation set by the State for the compulsory acquisition of any property of a minority education institution does not restrict or waive the right guaranteed to them. Added
44th amendment
  3) In providing aid, the State should not discriminate against any educational institution administered by a minority.




  C) Minority Educational Institutions are of three types:




  1) Accreditation and assistance from the state.




  2) Organizations that are accredited and not assisted by the state.




  3) Organizations that do not receive accreditation or assistance from the state.




  D) The first and second types of institutions are subject to state regulatory authority regarding curriculum prescription, educational standards, discipline, hygiene, teaching staff employment, etc. The third type of firms are free to operate their businesses but are subject to the operation of common law such as lease law, labor law, industrial law, tax law, economic regulations and so on.




  (E) The SC has allowed minority education institutions to admit eligible students of their choice and to establish a reasonable fee structure in the judgment issued by the Secretary of the Malankara Syrian Catholic College case (2007).




  However, it said that the right to establish and maintain educational institutions was not absolute. It does not include a malicious claim.




  There may be regulatory measures to ensure academic character and standards and to maintain academic excellence.

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