EDUCATION

CBSE: Guidelines for Affiliation of Minority Institutions

A.      Determination of Minority Character of an Educational Institution

The benefits of Article 30(1) of Indian Constitution can be claimed by the community only on providing that is a religious or linguistic minority and the institution was established by it. The question of proof in a Court of Law is regulated by the provisions of the Indian Evidence Act. This Act requires that when there is a written document, other evidence is to be excluded but if there is no written document, other evidence is admissible.

B.      Objects of Establishment of Minority Educational Institutions

It is always necessary that the objects for which a minority may establish an educational institution must include the conservation of its language, script or culture. Article 30(1) only emphasizes that the body establishing and administering an educational institution belongs to a minority based on religion or language.

It says nothing about the character of education to be imparted by them. Hence, an institution, will be a minority institution, even if it imparts secular education. once it is proved to be a minority institution, the character of education to be imparted and of administration will be at the choice of those who can minister it. In these matters, the choice cannot of any one also.

Fulfillment of Statutory Requirements for seeking recognition

An institution seeking recognition must fulfill the statutory requirements concerning the academic standards, the qualifications of teachers, and of the students seeking admission. It must have the financial sources and the capability to run on a sustained basis. Then the applications seeking recognition are not considered favorably, grounds of rejection must be communicated to the educational institutions filing such complications so as to enable them to overcome obstacles their early recognition.

Medium of Instruction in Minority Educational Institutions

The State Government or the University is not empowered to prescribe the medium of instruction to be allowed by minority educational institutions. However, The case of institutions receiving grants-in-aid, there are certain standards or proficiency to be observed. No decision, within out knowledge lays down that teaching a state language compulsorily is within such conditions for grant of aid. But, if such a condition is laid own, the institution receiving the aid will be well advised to observed it.

5. Constitution of Governing Bodies in Minority Educational Institutions

The Minority educational institution must be free to induct competent and reputed individuals from other communities in the Managing Committees/Governing Bodies. The minority character of an institution is not impaired so long as the constitution of the Managing Committee/Governing Body provides for an effective majority to the members of the minority community.

The State should not have any power, directly or through the University, to direct the constitution of the governing bodies in a manner so as to deprive a majority of the effective administration of its educational institutions. However, the State or the University may lay down general guidelines to ensure that only qualified persons find a place in the Governing Bodies.

6. Disciplinary Control over Staff in Minority Educational Institutions

While the managements should exercise the disciplinary control over staff, it must be ensured that they hold an inquiry and follow a fair procedure before punishment is given. With a view to preventing the possible misuse of power by the management of the Minority Educational Institutions, the State has the regulatory power to safeguard the interests of their employees and their service conditions including procedure for punishments to be imposed.

7. Admission to Students in Minority Educational Institutions

The minority educational institutions must have the freedom to give special consideration to the students of their own community in matters of admission. Government should not insist on admission in these institutions being thrown open to all strictly in order of merit. The Government cannot enforce the rules of reservation in favor of Scheduled Castes, Scheduled Tribes, and other backward communities for admission of students in these institutions. In granting admissions to children belonging to the minority community itself, rules of natural justice and fair play must be applied and donations or other extraneous factors should not be allowed so as to discriminate against the less advantaged children from the same minority community.

8. Appointment of Teachers in Minority Educational Institutions

The Government cannot enforce the rules of reservation in favor of Scheduled Castes, Scheduled Tribes and other Backward Classes for the posts of teachers and other staff in minority educational institutions.