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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.
Question for Case Studies on Cultural and Educational RightsTry yourself: Which of the following is NOT a right granted to minorities in the establishment and administration of educational institutions?View Solution
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FAQs on Case Studies on Cultural and Educational Rights - Indian Polity for UPSC CSE
| 1. What are cultural and educational rights? |  |
Ans. Cultural and educational rights refer to the rights that individuals and communities have to preserve, develop, and express their cultural, linguistic, and educational identities. These rights ensure that everyone has access to education and the freedom to participate in and contribute to their cultural heritage.
| 2. What is the significance of cultural and educational rights? | |
Ans. Cultural and educational rights are crucial for the promotion of diversity, inclusivity, and social cohesion within a society. They help in preserving and promoting different cultures, languages, and traditions, allowing individuals to have a sense of belonging and identity. These rights also ensure equal opportunities for education and learning, enabling individuals to develop their skills and knowledge.
| 3. How are cultural and educational rights protected? | |
Ans. Cultural and educational rights are protected through various international and national legal frameworks. Internationally, they are recognized and safeguarded by the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, and UNESCO's Convention on the Protection and Promotion of the Diversity of Cultural Expressions. Nationally, countries have their own laws and policies that protect and promote cultural and educational rights.
| 4. Can cultural and educational rights be restricted? | |
Ans. While cultural and educational rights are fundamental, they may sometimes be subject to certain limitations. Such restrictions can be imposed to protect public order, national security, or the rights and freedoms of others. However, any limitations on these rights should be proportionate, non-discriminatory, and in accordance with the law.
| 5. How can individuals and communities promote and exercise their cultural and educational rights? | |
Ans. Individuals and communities can promote and exercise their cultural and educational rights by actively participating in cultural activities, preserving their cultural heritage, promoting multilingualism, and advocating for inclusive and quality education. They can also engage with relevant organizations, institutions, and platforms that support and promote cultural and educational rights. Additionally, individuals can raise awareness about these rights and advocate for their protection and fulfillment at local, national, and international levels.
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