Educational institution

The Supreme Court will consider whether the administration of an educational institution by a minority community will grant it special status

Supreme Court sends notices to Government of Uttar Pradesh, National Commission for Minority Educational Institutions, National Medical Commission and others while seeking their responses

Supreme Court sends notices to Government of Uttar Pradesh, National Commission for Minority Educational Institutions, National Medical Commission and others while seeking their responses

The Supreme Court agreed to consider whether an educational institution run by members of a minority community would result in giving it minority status.

A panel of Judges BR Gavai and BV Nagarathna sent opinions to the Government of Uttar Pradesh, the National Commission for Minority Educational Institutions, the National Medical Commission and others while seeking their responses.

The highest court was hearing an appeal filed by Mahayana Theravada Vajrayana Buddhist Religious and Charitable Trust challenging the Allahabad High Court’s order which observed that the mere administration of an educational institution by a minority would not grant it the minority establishment status.

The High Court was dealing with the petition against the order of the Uttar Pradesh government, in which the state government refused to treat the institution as a minority institution.

“Thus, for an institution to qualify as a minority institution within the meaning of the Private Vocational Institutions of Uttar Pradesh (Regulation of Admission and Setting of Fees) Act 2006, it must not only be a minority-administered institution but also have been established by the minority and must also be notified by the state as such,” the High Court had said.

The petitioner trust had established a medical school in 2001 and members of the trust later converted to Buddhism in 2015 and continued to run the administration of the institution.

In its order, the High Court said it found no illegality in the state government’s decision not to treat the trust’s educational establishment as a minority establishment in order to exclude it from the scope of application of the 2006 law.

“Accordingly, we also see no illegality in the orders of October 5, 2010 and October 7, 2010 by which the Director General of Medical Education and Training had requested the proposal of the educational institution of the trust for the purpose of setting fees to be charged to students pursuing their MBBS and BDS courses for the 2020-21 academic year,” the High Court said.

The High Court also found no illegality in the State Government Order dated November 6, 2020 passed by the Department of Medical Education under which fees to be charged to students of the educational institution of the trust have been set.

“Establishing an institution and administering it are two different events. If a corporation or trust did not include members of a minority community [either linguistic or religious] at the time when he has established an educational institution and subsequently attains minority status and begins to administer such an institution, in our opinion, in such a situation, the educational institution concerned will neither be a minority institution within the meaning of the 2006 Act nor is it a minority education institution within the meaning of the 2004 Act,” the High Court had said.