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State-funded minority institutions subject to rules: SC

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.

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