EDUCATION
Anjuman-e-Islamiah, Kurnool, Petitioner v. State of Andhra Pradesh and others, Respondents.
C.V.N. SASTRI, J.
Constitution of India, Article 30(1) – minority institution - Refusal to recognise institution as minority institution on ground that institution imparts not only religious or linguistic instruction but also medical education - Not proper - Minority community have fundamental right to establish educational institutions not only to impart religious and linguistic education but also other types of education of secular nature.
Denial of claim for declaration as such on ground that it receives full grant-in-aid - Not justified – Article30(2) mandates that State shall not discriminate any educational institution on ground that it is under management of minority whether based on religion or language - State is under obligation to maintain equality of treatment in granting aid to educational institutions.
ORDER: Anjuman-e-Islamiah, Kurnool, represented by its Joint Secretary Shri G. Abdus Salam, correspondent of Dr. Abdul Haq Unani Medical College, Kurnool, has filed this writ petition questioning the proceedings dated 9.3.1993 of the Commissioner Indian Medicine and Homoeopathy Department, Government of Andhra Pradesh Hyderabad. the second respondent herein, rejecting the application of the petitioner for recognition of Dr. Abdul Haq Unani Medical College,Kurnool, run by the petitioner as a minority educational institution.
Anjuman is a society established by persons professing Muslim faith and which is a charitable institution registered under Societies Registration Act, 1860. The institution is managed by members professing Islam. The said society is running 5 other educational institutions, namely, Islamiah Arabic Degree College, Kurnool, Umar Arabick High School, Kurnool, Osmania College, Kurnool, Osmania Law College, Kurnool and Islamiah Boarding Hostel for Orphanage, Kurnool. The aims and objects of the society are:
1. To propagate Arabic education system;
2. To impart at all levels, religious, secular and modern education;
3. To establish and administer institutions of its choice, general, technical and professional;
4. To propagate Islamic tenets and for this purpose to establish institutions to teach Mathematics, History, Geography and modern subjects according to Islamic ethnic to establish and manage boys and girls orphanages, schools, hostels and hospitals etc.
The society is intended to benefit and foster the interests of the Muslim community though the doors of educational institutions are open to one and all irrespective of caste, creed and religion. The properties of the society are registered with A.P. Wakf Board. According to the petitioner, the salient features of the institution under consideration are as follows:-
( 1) The management is Muslim;
( 2) All the 350 students of Dr. Abdul Haq Unani Medical College, Kurnool, ar Muslims;
( 3) The instruction in the college is through Urdu Medium and one of the papers for the examination is Arabic;
( 4) All the staff employed are Muslims;
( 5) The buildings of the college are the property of Anjuman-e-Islamiah constructed from the funds collected from the members of the Muslim community;
( 6) The buildings are registered under the Wakf Act and the same are published in the Gazette;
( 7) There is no contribution from other communities and no Government grants for buildings, furniture, play-grounds and other infrastructure;
( 8) The college is following the conditions laid down by the Central Council of Indian Medicine which is a statutory body created under the Indian Medicine Act, 1970.
( 9) Two other institutions established by the society, namely, Osmania College, Kurnool and Thibbi College, Kurnool are recognised as minority institutions.
The petitioner, therefore, contends that the institution in question also satisfies all the tests for claiming the status of a minority institution and the impugned order is arbitrary, illegal and is vitiated by non-application of mind
The only ground mentioned in the impugned order is that the institution does not satisfy the criteria for recognition as minority educational institution as laid down in Rule 4 of the Rules framed in G.O.Ms. No. 526(Education) dated 21.12.1988.
The learned Government Pleader, however, contended that since the institution imparts medical education but not merely religious or linguistic instruction, it is not entitled to claim the status of a minority institution. A similar stand is taken in the counter-affidavit also but this contention has no substance whatsoever as persons belonging to minority community have a fundamental right to establish educational institutions of their choice not only to impart religious and linguistic education but also all other types of education of a secular nature. Article 30 of the Constitution in clear terms confers such a fundamental right on the minorities. A similar contention was repelled by the Supreme Court in In Re Kerala Education Bill, 1957, AIR 1958 SC 956.
The learned Government Pleader finally argued that since the institution of the petitioner is receiving full grant-in-aid from the Government, it cannot claim the status of a minority institution and if it wants to be treated as a minority institution, it is not entitled to receive the grant-in-aid from the Government. This argument in my view flies in the fac of Article 30 (2) of the Constitution which mandates that the Stat shall not, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language. It is true that no minority educational institution can claim State aid as matter of right. But even minority educational institutions are entitled to get financial assistance much the same way as the institutions of the majority communities and the State is under an obligation to maintain equality of treatment in granting aid to educational institutions. Receipt of aid does not impair the rights in Article 30(1) (see St. Stephen’s College v. University of Delhi, AIR 1992 SC.
The impugned order rejecting recognition as a minority institution is clearly unsustainable. Accordingly the writ petition is allowed.
S.No. Courses/Programmes Intake Duration in years
1. Engineering Degree Courses:
i) Construction Engineering 60 4
ii) Production Engineering 60 4
iii) Automobile Engineering 30 4
iv) Electronics Engineering 60 4
2. Engineering Diploma Programmes:
i) Civil Engineering 45 3
ii) Mechanical Engineering 60 3
iii) Electrical Engineering 45 3
v) Computer Engineering 60 3
vi) Interior Designing & Decoration 80 3
3. Engineering Diploma Programmes (Part-time):
i) Civil Engineering 30 4
ii) Mechanical Engineering 60 4
iii) Electrical Engineering 30 4
iv) Industrial Engineering 30 4
4. Certificate Courses:
i)Licentiate in Electronics & Radio Servicing (LERS) 50 1
ii)Licentiate in Advance Electronics &
Video Servicing (LAEVS) 25 1
iii)Computer Operation (Evening) 25+20 ½
iv)Architectural Draughtsman 25+20 2
v)Refri. & AC Mechanic (Evening)25+20 ½
vi)Wireman 25 ½
vii)Construction Supervisor (Part-Time) 25 1
5. Trade Certificate Courses (ITI):
i) Fitter 16 2
ii)Mechanic - Motor Vehicle 16 2
iii)Refrigeration & A.C. Mechanic 16 2
iv)Mechanic -Diesel 32 1
v)Draughtsman (Mechanical) 16 2
6. Technical High School & Jr. College:
a)VIII to X Standards (Tech.)
b)XI & XII (Vocational)
i)Mechanical Maintenance 25 2
ii)Electrical Maintenance 25 2
iii)Electronics 25 2
iv)Gen. Civil Engineering 25 2
7. Motor Driving School:
8. Continuing Education Programme: A number of Career Courses for housewives, school girls and college students. A number of Trade Courses for boys and men.
9. Community Polytechnic: (Under the Scheme Approved and Financed by the Ministry of Human Resource Development - Government of India).
10. Traditional and Non-Traditional Courses of six months duration are offered to rural men and women at the Main Centre, Mumbai - M.H.S.S. Community Polytechnic and Extension Centres at Padgha, Sopara, Uran, Manor,Mahapoli.
In 1986, the Hamdard Education Society, presided over by Hakeem Abdul Hameed Saheb, instituted a Talent Search and Scholarship Scheme for bright Muslim students. In 1996 XIII Batch we received 308applications of meritorious students. Out of these 51were invited for a rigorous written test and interview. 22 turned up. 12 received scholarships and 8 were awarded book-grants. From 1986 till 1996 as many as 164scholarships have been sanctioned and 111 book-grants given.
The Society has now invited application for Loan Scholarships from students who have passed High School, Higher Secondary (intermediate), Degree and Master examinations in 1997 and intend to continue their education at least up to the academic year 1998-99. For selection the main stress will be on Science, Engineering and Medicine, but Commerce, Social Science and Economics may also be considered. The criteria would be merit-cum-means. The selection will be on an all-India basis. Applicants must be regular students who have secured at least:
80% marks (aggregate) in High School or equivalent Examination
75% marks (aggregate) in Intermediate or equivalent examination and
70% marks (aggregate) in Graduation or Post-Graduation, and who are needy.
Further details and Scholarship forms can be hadfrom the Secretary, Hamdard Education Society, Talimabad, Sangam Vihar, New Delhi-110 062. The last date for receipt of application is 13th September, 1997.
The pass percentage of Delhi in the recent standard 12 Board results is 69.3. If we analyse the results of Delhi schools in light of a survey by "Friends for Education", then some interesting facts come to light. Amongst the minority schools, the best result is shown by Christian schools (earlier known as Mission schools) with a pass percentage of 96.7 per cent in schools like St. Columbas School, J.D. Tytler School, Butler Memorial School, Convent of Jesus and Mary, Mater Dei Convent, Carmel Convent, Mont Fort School etc. Next come schools managed by Delhi Sikh Gurudwara Prabandhak Committee with a pass percentage of 88.6 in schools like Guru Harkishan Public School, Sri Teg Bahadur Khalsa School, Guru Nanak Girls' School, Bhai Joga Singh Girls' Public School etc. Delhi's Urdu medium schools are the most backward. Their pass percentage in standard 12 is 18 per cent and in standard 10 16 per cent.
The Muslim community of Delhi and its Urdu medium teachers, principals and managements are used to such shocking performances. Mr. V.D. Pathak, principal, Jama Masjid Boys' Senior Secondary (Hindi)medium School, rues that despite being a Hindi medium school, his schools' result is very poor because most ofthe children studying here are from Muslim families.
Ziauddin Khan, principal, Fatehpuri Muslim Senior Secondary Boys' School, bears an unfailing grudge against the community for the poor results. He points out that the parents are not at all bothered about their wards. "There are parents who do not even know in which school or class their child studies", quips Khan. There are instances of students bunking classes for almost the entire session with the parents being none the wiser. Having admitted their child in an Urdu medium school, parents never see the school for years. Mosly, the students of these Urdu medium schools in Delhi are from the lower rungs of society, coming from families of rickshaw pullers, petty shopkeepers, carpenters, peons or daily wage earners.
The principal of Shafiq Memorial School, Bara Hindu Rao, defends his institution's 26 per cent result by saying that the teachers are helpless as the stuff they get from the feeder school is useless. They can't even write their name after having passed in the primary schools of the walled city.
The "Friends for Education" survey revealed that the Muslim community displayed scant interest in better education. It revealed that only about one per cent students were in public or English medium schools. About 5.7 per cent Hindi medium schools. Rest of them went to Urdu medium schools or madrasas.
Shaikhul Hadis Maulana Abdul Ghaffar, president of Madrasa Alia, Fatehpuri, is of the view that even themadasas are better than the Urdu medium schools where teaching is conspicuous by its absence. In madrasas, at least, there is theological training. For this, he wholly blamed those people who have been minting money in the name of Urdu.
Asked to explain the pathetic performance of the Urdu medium schools, Prof. Tahir Mehmood, Chairman, National Commission for Minorities, said the failure was due to a vicious lack of organisation including the community. "Nobody wants to be responsible so far as the task of education is concerned be it the teachers, principals; students or parents. The entire system needs an overhaul, he added.
Prof. Tahir Mehmood says he is keen to take up the matter with the human resource development minister without ado as India cannot prosper if its huge minority (in other words second majority) remains wrapped in ignorance.
The Central Government took over the Library with effect from the 1st July, 1975 under the Rampur Raza Library Act, 1975 (No. 22 of 1975) to provide better management and adequate financial support.
The Library is managed by the Rampur Raza Library Board set up under Section 4 (1) of the Act which is the governing body with the Governor of Uttar Pradesh as the Chairman. It has twelve other members including of the erstwhile ruling family of Rampur.
Functional Set up: The Library is an autonomous institution under the Department of Culture, Government of India, New Delhi, and enjoys the status of an institution of national importance.
Building and Land: The Library is housed in 'Hamid Manzil' a palatial building in the Fort area of Rampur. Although the legal ownership vests in the Government of Uttar Pradesh, there is a perpetual grant to the Government of India for the use of the Library.
Collections: The Library has a collection of nearly51, 000 printed books, 15000 manuscripts and nearly 900miniature paintings and Bhoj Patras etc. It consists of great works in many important Oriental languages such as Arabic, Persian, Sanskrit, Hindi, Urdu, Tamil, Pashto and
Turkish etc hundreds of rare Arabic, Persian and Urdu books which are now out of print but are considered important for research are available. During the period under review 75 books have been received as gift whose total cost is Rs. 3168.00.However, no new books were purchased. The binding of1192 new as well as old books was carried out. During this period, 30 scholars from India and abroad visited the Library to consult manuscripts in connection with their research projects. 22322 general readers used the Library. The Library subscribes to 45 newspapers and periodicals.
Financial Position: The details of receipts and payments of the Board during the last 3 years is as under:
|
(A) Receipts (Rupees in lakhs) |
|||
|
1990–91 |
1991–92 |
1992–93 |
|
|
1. Opening Balances |
7.19 |
4.66 |
0.77 |
|
2. Grant from GOI |
12.18 |
6.96 |
15.24 |
|
3. Grants from UP Govt. |
0.48 |
0.48 |
0.24 |
|
4. Miscellaneous receipts |
0.13 |
0.15 |
0.06 |
|
5. CPF |
1.9 |
2.27 |
1.58 |
|
Total Receipt |
21.88 |
14.52 |
17.89 |
|
(B) Payment (Rupees in lakhs) |
|||
|
|
1990–91 |
1991–92 |
1992–93 |
|
1. Capital Expenditure |
9.73 |
2.45 |
0.49 |
|
2. Revenue Expenditure |
4.51 |
6.24 |
6.92 |
|
3. Advances |
– |
1.73 |
– |
|
4. Armed Police Guard |
0.83 |
0.83 |
– |
|
5. CPF |
2.13 |
2.49 |
1.58 |
|
6. Miscellaneous Payment |
0.02 |
0.01 |
– |
|
7. Closing Balance |
4.66 |
0.77 |
8.9 |
|
Total Payment |
21.88 |
14.52 |
17.89 |
Syed Shahabuddin in response to my article on the Aligarh Muslim University, maintains that the "Act and therefore the Union Government has never accepted the assertion by the Muslim community that the AMU is a minority institution within the meaning of Article 30 of the Constitution". I would remind him that he along with Justice M.R.A. Ansari and others appended a note to the Tyabji Committee Report (1989) appointed by the Muslim University Court for regulating admissions to its courses, in which he took the view that by incorporating the definition of the University through Amendment Act1981 Section 2(1) as "an educational institution of their choice established by the Muslims of India." the Parliament has explicitly conferred upon the University the protection of the special rights and freedoms guaranteed to minorities under Article 30 of the Constitution which is framed in terms exactly similar to those used in the definition of the University i.e. "all minorities whether based on religion or language, shall have the right to establish and administer educational institution of their choice".
I held and continue to hold the same view on the status of the University vis-a-vis constitutional protection of cultural and educational rights of minorities.
It is relevant to recall here how the AMU (Amendment) Act of 1981 came to be enacted. In the Azeez Basha Union of India (1968) case on Aligarh Muslim University the Supreme Court rejected the basic plea of the petitioner that it was Muslims of India who established the University, and consequently rejected their claim to administer the University. In the wake of this erroneous judgement, which was based on quibbling about the dictionary meaning of the word 'establish’, Muslims throughout India from all forums demanded what they called restoration of the 'minority character' ofthe University. The enactment of the amending bill of1981 was a successful culmination of that movement. It was in this context that the particular phrasing of the definition of the University as an institution of their choice established by Muslims of India was incorporated. The speeches in the Parliament on the bill also go to reinforce this view. The notion that the University requires a separate declaration by Parliament or recognition by the Ministry of Human Resource Development as a minority institution is based on the example of colleges and schools which is erroneous. The University is an autonomous institution functioning under an Act of Parliament within the bounds of the Constitution. By virtue of the definition and the provision of the power of the University under Section 5(2) (c) to especially promote the educational and cultural advancement of Muslims of India, it can devise policies on admission and appointments for the promotion of educational and cultural rights of the community, in numerical and qualitative terms.
(Assuming) the claim of the Aligarh Muslim University to the protection of Article 30, what is required is to get the obligation of admitting 50% of students of other communities as laid down in the Supreme Court judgement in St. Stephen's case (1991) and also the requirement of admitting and appointing members of SC and ST removed by the Seven Judges Bench of the Supreme Court constituted to dispose of a number of cases related to minority educational institutions.
In the St. Stephen's College judgement the Supreme Court has upheld the right of the minority to preferentially admit its own students without which it is not possible to maintain its character. But put an obligation on the institution to admit 50% students from other communities. This obligation rests on extralegal grounds of promotion of national integration. Also it is not reciprocal as all other educational institutions are not obliged to admit a mix of communities to promote national integration.
(Another) important aspect of. A Muslim minority educational institutions, like the AMU, is that the Muslims unlike the Christians and the Parsis are also socially and educationally backward.
A backward class enjoys the protection of Article15 (4) of the Constitution which allows special provisions to be made for socially and educationally backward classes of citizens.
There is a need for all Muslim organisations and forums to make this demand that unless they are allowed to admit students of their own community to their educational institutions without any restriction of percentage and without the obligation of reservations for SC and ST they cannot promote the nationally desirable goal of educational advancement of the community.
Let us put in our best legal effort in the Supreme Court currently seized of the issue. Let us make out the case of the Muslim community being accepted by a Backward Class so that Muslim students, who fulfil minimum eligibility, are admitted to all other educational institutions of the country against a quota.
