The National Commission for Minority Educational Institutions (NCMEI) has observed that the percentage of admission of students from a notified minority community in a minority educational institution was not an indicia for determining the minority status of such an institution.
The Commission has further reiterated its position that “there must be a reasonable strength of students of a particular minority community in a minority educational institution. The percentage could be determined based on the actual proportion of the specific community in the State’s population, in accordance with the Census of India, 2011.”
NCMEI member Shahid Akhter made the observations at a meeting of authorities from Tamil Nadu and Telangana last month, wherein the challenges faced by the Commission and the States while granting Minority Status Certificate (MSC)/No Objection Certificate (NOC) and the rights of minority educational institutions were discussed.
State’s guidelines
It may be noted that one of the provisions in the guidelines issued by the Tamil Nadu government in this regard in December 2022 states that self-financing educational institutions, imparting professional courses of education, that are established and administered by any minority community can admit students of that community alone for a maximum of 50% of the sanctioned strength. During the meeting, officials representing the Tamil Nadu government cited provisions from the guidelines, issued through a government order on December 29, 2022 by its Backward Classes, Most Backward Classes and the Minorities Welfare Department.
However, the Commission cited various judgments of the Supreme Court and High Courts, and its own verdict in the Buckley Primary School, Cuttack, Orissa Vs. Government of Orissa over grant of MSC/NOC to institutions to reiterate that the percentage of admission of students from a notified minority community in a minority educational institution was not an indicia for determining the minority status.
Published - September 09, 2024 12:22 am IST
