Q. Explain minorities right to establish educational institution under Indian Constitution.

Answer

 

Introduction

Before dealing with the availability of minority’s right to established institutions, we should first understand what the word “Minority” means.

This phrase is nowhere defined in our Constitution. It derived from a Latin word “Miner” which basically means a small number.

Our constitution declares about 2 types of minorities in India:

A.      Religious minorities, and

B.      Linguistic minorities.

 

Available provisions for the establishment of minority’s institution

Article 30 assures, and deals with rights of the minorities to established their own institutions.

I.                     Clause 1, of article 30 states that all minorities has right to establish and administered educational institutions of their choice.

II.                   Clause 2 of the said article restricts the State from making discrimination in the matter of providing help to any educational institution on the ground that it is managed by a particular minority group.

Note: clause 2 of article 29 of Indian Constitution provides that the no citizen shall be denied entry in the educational institutions on the grounds of cast, sex, race, language and religion.

Tip: Article 29 concerns or applies only to citizens while Article 30 applies to both citizens and non-citizens.

 

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Important Judgments

I.                     In D.A.V. College, Bhatinda v. State of Punjab, the University ordered that Punjabi would be the one and only medium of instruction in affiliated colleges. The Court held that the right provided to minorities under Article 30 guarantees them to establish and administer educational institutions of their own choice which also includes the right of giving instructions in their own language and the University Circular was directly violating their right to have instructions in Hindi as their own language and therefore infringing the Article 30 (1). A University has the authority to suggest the qualification of their academic staff but the selection and recruitment of teachers remains in the hands of the minority educational institutions.

II.                   In Managing Board of the Milli Talimi Mission Bihar and Ors. V. State of Bihar and Ors. 1984: The Supreme Court has clearly held that running a minority institution is a fundamental right and as important as other rights presented to the citizen of the nation. If the State Government declines to give acknowledgment without just and adequate grounds, the same will constitute an infringement of the right ensured under Article 30(1) of the Constitution.

  

 

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