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» The Milli Gazette's Message
2002: Indian Muslim
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|ALL INDIA MUSLIM
Supreme Court Judgement on Minority Institutions has both Positive and
On the Whole, the Judgement Dilutes Article 30(1) through Trade-off
between Autonomy and State Aid
AIMMM Calls for Matching Reservation for Backward Minorities in all
Government and Aided Private Institutions
New Delhi, 6 November, 2002: "The All India Muslim
Majlis-e-Mushawarat (AIMMM) has carefully studied the majority judgement
of the Constitution Bench of the Supreme Court on the scope and content of
right of religious and linguistic minorities to establish and administer
educational institutions of their choice under Article 30(1) of the
The Judgement has several positive and constructive features e.g.
1. The endorsement of the right of the religious and linguistic minorities
to establish educational institutions as unfettered, notwithstanding the
fact that the judgement gives no direction to the State, university and
other educational authorities to remove the existing fetters in terms of
the hassle over, and denial of, recognition of their minority status and
The direction that all MEI's, aided or unaided, should have a reasonable
representation of non-minority students though the judgement does not fix
a reasonable limit and leaves it to the mercies of the State Governments
which often adopt an unsympathetic and even hostile attitude or provide
guidelines for its fixation.
2. The AIMMM places on record its considered view that all MEI's, except
those dedicated to religious instruction, should have a reasonable
complement of non-minority students in order to introduce their students
to the real world outside their portals.
3. The determination of the minority status of a community on the basis of
its population in a state, through regrettably the Supreme Court has
deferred a clarification on the point whether admission to the MEI's
should be limited to the establishing minority in the State or extended to
the same minority from other States where it constitute a minority. A
latitude is necessary because due to its poor population in a given state,
a minority community may, in many cases, be unable to a throw up enough
students with minimum qualification to avail of the educational facility.
4. The ruling that all citizens have the right to establish and administer
educational institutions under Article 19 of the Constitution and that
private institutions cannot charge capitation fees but fix their fees at a
reasonable level not amounting to profiteering.
However, the AIMMM has concluded that the judgement takes away by the left
hand much of what it gives by the right.
a) By establishing a trade off between autonomy of administration and
grant of state aid by establishing an organic link between Article 29(2)
and Article 30(1) and thus subjecting the MEI which seek aid to their
opening their doors to the non-minority students on merit basis. The
not only curtails the right of the minority to administer the MEI's and,
therefore, to determine their admission policy but also opens a wide
avenue for administrative harassment and endless and avoidable litigation.
b) By its eloquent silence on the desirability of ensuring due
representation of minorities in all non-minority as well as government
institutions in the interest of national integration.
c) By the inherent illogicality that State aid which, in principle, should
be available to all private educational institutions in a developing
society under a welfare state has not been related to the fact of
providing standard education, according to the prescribed syllabus, but to
the religion of the establishing community or the student body.
d) By its institution of admission on merit in an institution of
professional education established by an economically backward minority,
even if it does not seek or receive state aid. This implies that if its
institutions achieve excellence and offer courses which have employment
potential, they are likely to be inundated by the students from the
majority. This unfair dispensation will act as a disincentive because a
poor minority cannot afford to establish an institution for the education
of the majority.
e) By allowing government and quasi-judicial intervention in the relation
between the management of the MEI's and their teaching and non-teaching
staff which shall result in the closure of many MEI's established by
economically backward minorities, as they are in no position to match the
government scales of pay and other terms and conditions of service.
The AIMMM is of the considered view that burdened with the
conditionalities, which may thwart the free exercise of their rights under
Article 30(1) by the economically backward minorities, the dicta in the
judgement that the minorities have 'the unfettered right to establish
MEI's' and that 'the minority character will not be affected' are no more
than a verbal consolation and that judgement seen as a whole dilutes the
autonomy of the MEI's, and constitutes a retrograde and negative step
whose impact will have to be monitored carefully and, if necessary,
remedied by suitable measures in due course.
The AIMMM calls upon the religious and linguistic communities to endeavour
to achieve academic excellence, to monitor the recognition and affiliation
of their educational institutions by the State Governments, Boards and
Universities concerned, to review their financial structure, to ensure
that even the unaided institutions have at least 10% representation of
non-minorities, preferably from the deprived communities, in the student
body and to concentrate on secondary and higher secondary education to
provide feeding channels for university and professional courses.
The AIMMM also requests the secular parties to support reservation for
Muslims, who constitute an educationally deprived and backward community,
upto 10% in all government as well as private educational institutions.
Sd/- Syed Shahabuddin
ALL INDIA MUSLIM
N-44, Abul Fazal Enclave, Jamia Nagar, New Delhi - 110 025 Phone: 632
6780 Fax: 632 7346 Email:
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