The term ‘minority’ generally
means a non dominant group. In a relative speech, it means the smaller of the
two groups. Minorities include religious minorities, linguistic minorities,
political minorities, etc. Backward classes are not minorities. However, any
group having its own distinctive language, script, or culture can come under
the category of minority and has the right to conserve the same. The
Constitution under the provisions of Article 30 recognises the rights of
linguistic and religious minorities to establish and administer educational
institutions.
Article 29: Protection of
interests of minorities
(1) Any section of the citizens
residing in the territory of India or any part thereof having a distinct
language, script or culture of its own shall have the right to conserve the
same
(2) No citizen shall be denied admission into
any educational institution maintained by the State or receiving aid out of
State funds on grounds only of religion, race, caste, language or any of them
The essentials of clause (1) of
Article 29 is that any group or section of individuals having a distinctive
language or script or culture of its own have a right to conserve the same.
Article 29(2) is in consonance
with the provisions of Article 15(4). It states that for institutions that are
aided or maintained by the State, admission shall not be denied to any citizen
of India on the ground of religion, race, caste, language or any of them.
Article 30: Right of minorities
to establish and administer educational institutions
(1) All minorities, whether based
on religion or language, shall have the right to establish and administer
educational institutions of their choice
(1A) In making any law providing for the
compulsory acquisition of any property of an educational institution
established and administered by a minority, referred to in clause (1), the
State shall ensure that the amount fixed by or determined under such law for
the acquisition of such property is such as would not restrict or abrogate the
right guaranteed under that clause
(2) The state shall not, in granting aid to
educational institutions, discriminate against any educational institution on
the ground that it is under the management of a minority, whether based on
religion or language
Article 30 provides the
minorities with the right to establish and administer educational institutions;
however, the right to administer does not include the right to mal-administer
the same. It includes the right to choose its governing body, select teaching
and non-teaching staff, set its criteria of admitting students and set its
reasonable fee structure and use its funds for the benefit of the institution.
However, this right is not absolute and there can be checks on administration
and rules may be set out for maintaining the educational standards. Further,
religious education is barred in institutions maintained out of State funds.
Thus, while the minorities have a
right to establish and administer educational institutions, they have to
exercise the right in a reasonable fashion. They cannot mal-administer or
create arbitrary rules of administration including rules relating to
appointment of staff, admission of students and fee structure. They have to
work for the benefit of the institution. The State can formulate rules for the
administration of minority institutions but those rules should not take away
the autonomy and the administrative rights of the minority community. Further,
being aided out of the State funds does not take away the minority status of
the educational institution. The purpose of providing this right is to bring
the minority community at par with the majority. It is not an absolute right
and is subject to restrictions as to the standard of the institute and
education be maintained.
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