1. The right of minorities to establish and administer educational institutions of their choice comprises the following rights:
2. The right conferred on minorities under Article 30 is only to ensure equality with the majority and not intended to place the minorities in a more advantageous position vis-a-vis the majority. There is no reverse discrimination in favour of minorities. The general laws of the land relating to national interest, national security, social welfare, public order, morality, health, sanitation, taxation etc., applicable to all, will equally apply to minority institutions also.
3. The right to establish and administer educational institutions is not absolute. Nor does it include the right to maladminister. There can be regulatory measures for ensuring educational character and standards and maintaining academic excellence. There can be checks on administration as are necessary to ensure that the administration is efficient and sound, so as to serve the academic needs of the institution. Regulations made by the State concerning generally the welfare of students and teachers, regulations laying down eligibility criteria and qualifications for appointment, as also conditions of service of employees (both teaching and non-teaching), regulations to prevent exploitation or oppression of employees, and regulations prescribing syllabus and curriculum of study fall under this category. Such regulations do not in any manner interfere with the right under Article 30(1).
4. Subject to the eligibility conditions/ qualifications prescribed by the State being met, the unaided minority educational institutions will have the freedom to appoint teachers/lecturers by adopting any rational procedure of selection.
5. Extension of aid by the State, does not alter the nature and character of the minority educational institutions. The condition scan be imposed by the State to ensure proper utilization of the aid, without however diluting or abridging the right under Article30(1).
|1. What are cultural and educational rights?
|2. What is the significance of cultural and educational rights?
|3. How are cultural and educational rights protected?
|4. Can cultural and educational rights be restricted?
|5. How can individuals and communities promote and exercise their cultural and educational rights?