The National Policy on Education and the Programme of Action which were formulated by this Ministry envisage that guidelines for recognition of minority managed educational institutions and for the timely disposal of applications for such a recognition, be  laid down. it is also indicated in the Programme of Action that each State Government/Union Territory would formulate its recognition policy and give wide publicity to the same ... The Minorities Commission prepared a set of guidelines which were circulated to the State Governments/Union Territories in December 1988 for facilitating the formulation of these guidelines by them ... (Since) much progress has not been made by many States and UT Administrations in evolving these guidelines and norms, it was, therefore, felt that it will be helpful if broad policy norms and principles for recognition of minority managed educational institutions other than those meant exclusively for imparting religious instruction are evolved and forwarded to the State Governments/Union Territories for appropriate action at their end. These policy norms have since been finalised after consulting other Ministries etc. and a copy is enclosed.

Policy Norms and Principles for Recognition of Minority Managed Educational Institutions Other Than Those Meant Exclusively for Imparting Religious Instruction

1. Minorities can be based either on religion or on language

2. Minorities may be in terms of a religious or linguistic community which is numerically less than 50 per cent of the population of the State concerned.

3. The agency managing the educational institution will have to possess some legal status - an Association of persons registered under the Societies Registration Act or a body with corporate soul etc.

4. Admission into minority managed educational institutions need not be confined to members of the minority.

5. Right to administer educational institutions shall be subject to reasonable regulations, which may include :-

* stipulations regarding conditions of recognition by relevant authorities (such as Directorate of Education, Boards of Secondary Education, Universities, AICTE);

* Qualifications and conditions of service of teachers;

* a requirement that the educational institutions run by a minority shall do nothing which may come in the way of communal and social harmony;

* a requirement that the institution will not use its privilege as minority administered institution for pecuniary benefit of an individual or group;

* disciplinary rules of the institutions in respect of their teaching and non-teaching staff being consistent with principles of natural justice;

* observance of principles of sound administration;

* enforcement of general laws of the land pertaining to the educational institutions concerned.

6. The minority managed educational institutions shall have the freedom to appoint any qualified candidate, but it would be advisable for them to select teachers and other employees through Employment Exchange or open advertisement.

7. Teachers in minority managed educational institutions should possess requisite qualifications.

8. The regulations shall not be such as to render the constitutional rights of the minorities nugatory, for example.

*Conditions that the Government shall have the right to take over the management of the institutions;

*That the Government shall have powers to constitute managing committees;

*That the Governing Body of the institution shall include persons other than members of the minority community;

*That the Government can require the institution to reserve seats;

*That scholars of the institutions would not be eligible to opportunities in higher education;

* That the Government shall have the right to insist on use of any language as the medium of instruction;

That the institution shall not charge fees from students, etc.

The stipulations should be regulatory and/or educational character and conducive to making the institutions effective vehicles of education for minority communities.

9. There shall be no discrimination between minority and non-minority educational institutions in the matter of sanctioning grants-in-aid. Such grants-in-aid can be made conditional upon appropriate regulatory measures to ensure that the funds are used for purposes for which they are sanctioned.

10. Minority managed educational institutions receiving State aid –

* shall not deny admission to persons outside the minority on grounds of religion, caste, etc.

* shall not, without the consent of the pupil or his guardian, impart religious instruction or compel students to attend religious worship.

11. Procedures should be clearly laid down in respect of:

* eligible of a society/trust to be treated as minority;

* competent authority to grant recognition;

* procedure for grant/withdrawal of recognition;

* time limits for making decision.

12. Where recognition is not considered favourably, grounds of rejection shall be communicated to the educational institution to help it overcome obstacles in the way of recognition.