Case Studies on Cultural and Educational Rights | Famous Books for UPSC Exam (Summary & Tests) PDF Download

Right of Minorities to Establish and Administer Educational Institutions of their choice

In a judgement delivered in the Secretary of Malankara Syrian Catholic College case14a (2007), the Supreme Court has summarized the general principles relating to establishment and administration of minority educational institutions in the following way:

Minority Rights in Educational Institutions:

• Minorities have the right to establish and manage educational institutions of their choice, which includes:
• Choosing Governing Body: Minorities can select a governing body they trust to manage the institution effectively.
• Staff Appointments: They have the authority to appoint teaching and non-teaching staff and take action in case of any negligence.
• Student Admissions and Fees: Minorities can admit students of their choice and set a reasonable fee structure.
• Utilization of Assets: They can use the institution's properties and assets for its benefit.

Article 30 Rights:

• The rights under Article 30 are meant to ensure equality for minorities with the majority, not to give minorities an advantage.
• Minority institutions are subject to the same general laws as everyone else, including those related to national interest, security, welfare, and public order.

Regulatory Measures:

• The right to establish and manage educational institutions is not absolute and does not include the right to maladminister.
• Regulatory measures can be put in place to ensure educational standards, academic excellence, and efficient administration.
• State regulations regarding welfare of students and teachers, eligibility criteria for appointments, and syllabus do not interfere with Article 30(1) rights.

Teacher Appointments in Unaided Minority Institutions:

• Unaided minority educational institutions can appoint teachers freely, as long as they meet the state-prescribed eligibility conditions.

State Aid and Minority Institutions:

• When the State provides aid to minority educational institutions, it does not change their nature or character.
• Conditions can be imposed by the State to ensure proper use of the aid without infringing on Article 30(1) rights.