Minority Education in India: Landmark Court Judgments, Institutional Rights, Educational Schemes and Government Funding for Community Development


 

EDUCATION

COURT RULINGS ON EDUCATION

 

 

 

Supreme Court on Minority Institutions

State of Bihar and others, Appellants v. Syed Asad Raza and others, Respondents.

 

K. RAMASWAMY AND G.B. PATTANAIK, JJ.

Bihar State Universities Act (23 of 1976), Section 35 - Creation of post by Governing Body and Appointment thereto - Approval of Vice-Chancellor -Not necessary in case of minority institution in view of Section 35 - Agreement between minority institution and University requiring approval of V.C. entered before enforcement of Act - No longer subsist – Person so appointed in minority institution would be entitled to grant-aid under Article 30 (2).

(Source: AIR 1997 Supreme Court 2425)

 

Supreme Court on Religious Denomination

Sri Kanyaka Parameswari Anna Satram Committee and others, etc. v. Commissioner, Hindu Religious Charitable & Endowments and others etc.

 

K. RAMASWAMY AND G.B. PATTANAIK, JJ.

Constitution of India, Article 26 – Denominational status - Hindu sections of Arya Vysya Community worshipping Goddess Matha Kanyakaparameshwari -Not a religious denomination - It is an institution covered by provisions of Endowments Act.                                                   

  (Source: AIR 1997 Supreme Court 2332)

 

 

Calcutta High Court on Education

The State of Tamil Nadu, Appellant v. Smt Kannammal Educational Trust and others, Respondents.

 

K.A. SWAMI, C.J. AND RAJU, J.

Madras University Act (7 of 1923), Sections 53, 54 Private Law College - Grant of affiliation -Affiliation approved by Bar Council of India - "No Objection Certificate" from State Government before seeking affiliation - Is not necessary.      

 (Source: AIR 1997 Madras 283)

 

Allahabad High Court on Reservation of Internal Students

Mohammad Kashif, Appellant v. Aligarh Muslim University, Aligarh and another, Respondents.

 

D.P. MAHAPATRA C.J. AND SUDHIR NARAIN, J.

Education - Diploma Engineering course –Admission - Reservation of seats for Internal candidate - Academic year of course applied for admission relevant for admission as internal candidate and not date of admission test - Candidate passing qualifying examination more than three academic years preceding date of admission to course applied for - Not liable to be treated as internal candidate.                                                                   

(Source: AIR 1997 Allahabad 274)

 

Progress of Major Government Schemes for Minorities

During the 8th Plan period, against a budget allocation of Rs.100 lakhs for the Scheme of Modernisation of Madrasa Education, an amount of Rs.383 lakhs were released to states. Although 810 madrasas were assisted against a target of 250. We have also received the Planning Commission's clearance for continuing assistance to 746 madrasas which had been assisted during 1995-96 and 1996-97. We intend to continue the scheme during 9th Plan. A budget estimate of Rs.700 lakhs has already been provided for the year 1997-98. About 1500 madrasas are likely to be covered during 9th Plan. As regards the Area Intensive Programme for Educationally Backwards Minorities, an amount of Rs.897 lakhs were released to state Governments during 8th Plan period against a plan outlay of Rs.1,627 lakhs. The physical target and achievements during 8th plan are given below: -

i) Opening/organisation of building for 427 Primary/ Upper Primary schools, 3 Secondary schools, 6 residential higher secondary schools for girls, 388 class rooms.

ii) Upgradation of 22 Primary schools to Upper Primary schools, 2 Higher schools to Higher Sec. schools.

iii) Construction of hostel building for 10 Girls Higher Secondary Schools

iv) Construction of toilets in 10 schools.

v) Construction of teaching/learning material in 538 Primary/Upper Primary schools.

For 9th Plan period, plan outlay of Rs.6508 lakhs is proposed and B.E. for 1997-98 is Rs.1000 lakhs, out of which an amount of Rs.630 lakhs is required to meet the committed liabilities carried over from the 8th Plan period. The balance amount of Rs.370 lakhs is to be spent on creation of additional infrastructure in identified minority concentration areas.

(Source: MOS M.R. Saikia's Letter of 31.10.1997 to S. Shahabuddin)

 

 

Maulana Azad Education Founction: Amounts Sanctioned/Released 1989-90 and upto December, 1996

State/UT

Institute

Purpose

Amount Sanctioned (Lakhs)

Amount Released (Lakhs)

Andhra Pradesh

Amin Industrial Training Inst., Cuddapah

Purchase of equipment

0.3

0.3

 

Mohammedia Education Society, Guntur

Purchase of equipment

0.4

0.4

 

The Muslim Orphanage, Cuddapah

Purchase of equipment

0.5

0.5

 

National Industrial Training Inst., Anantapur

Purchase of equipment

0.2

0.2

 

Anjuman-e-Khawateen Kashana, Hyderabad

Purchase of furniture, books & refurbishing of school building

0.35

0.35

Andaman

Island Islamic Foundation, Port Blair

Construction of school building

1

NIL

Bihar

Yateem Khan A.K. Islam, Patna City

Purchase of equipment

0.2

0.2

 

Shah Rashidullah Instt. of Technology, Patna

Purchase of equipment

0.2

0.2

 

Yateem Khan Anjuman-e-Khadimul Islam, Patna

Opening of residential school

39

10

 

Ayub Urdu Girls School cum-Inter College, Patna

Construction of Vocational Centre and Girls Hostel

30

15

 

Maulana Azad College of Engg. & Technology, Patna

Construction of laboratories building & purchase of equipment

50

25

 

Najmun Nesa Women Craft Centre, Patna

Purchase of equipment

5

5

 

Ayub Urdu Girls High School cum-Inter College, Patna

Purchase of equipment

5

5

Delhi

Society for Promotion of Education, Delhi

Purchase of computers

0.65

0.65

Gujarat

Gujarat Vidyapith, Ahmedabad

Endowment fund to start course in Urdu

5

5

Karnataka

Khatibi Service Society, Bangalore

Purchase of equipment

0.25

0.25

 

New Education Society, Kallur (Raichur)

Purchase of equipment

0.4

0.4

 

Saiyid Madani Indus. Training Instt., Ullal

Purchase of equipment

0.3

0.3

 

Anjuman-e-Islam Polytechnic, Gadag

Purchase of equipment

0.3

0.3

 

MESCO Industrial Training Inst., Mysore

Purchase of equipment

0.3

0.3

 

Farooqui Pre-University College, Mysore

Purchase of equipment

0.5

0.5

 

Sultan Shaheed Educational Trust, Mysore

Establish residential school

45

22.5

 

Muslim Welfare Association, Chintamani

Construction of girls hostel building

10

NIL

Kerala

Sethi Sahib Memorial, Cochin

Purchase of equipment

0.3

0.3

 

The Al-Ameen Educational Trust, Cochin

Purchase of equipment

10

9

 

Al-Islam Charitable Trust, Calicut

Construction of laboratories

22

11

Madhya Pradesh

Muslim Welfare Society, Bhopal

Purchase of equipment

1

1

 

Muslim Education & Career Promotion Society, Bhopal

Purchase of equipment

0.9

0.9

Maharashtra

Modern Education Society, Parbhani

Purchase of equipment

0.12

0.12

 

Maulana Azad Education Trust, Aurangabad

Purchase of equipment

10

10

 

Shaheed Abdul Hameed Education Society, Yavatmal

Expansion of school building

2.2

2.2

 

National Women’s Welfare Society, Yavatmal

Establish typing centre

2.48

2.48

 

Maharashtra Cosmopolitan Education Society, Pune

Preparing & distributing video cassettes on various subjects

2

2

Manipur

Islamic Educational Development Orgn., Sangaiyumpham

Construction of school building

19

NIL

Orissa

Madarsa Markazul Uloom of Fanon, Cuttack

Purchase of equipment

0.3

0.3

 

Anjuman-e-Tabligh-e-Islam, Cuttack

Purchase of equipment

0.3

0.3

 

Muslim Youth’s Cultural Assn., Cuttack

Purchase of computers

4.72

4.72

Punjab

Majlis-e-Intzamia Islamia Girls School, Malek Kotla

Construction of girls school building

33.67

16.83

Rajasthan

Marwar Muslim Education Society, Jodhpur

Expansion of school building

30

10

Uttar Pradesh

M.R. Sherwani Indus. Training Inst., Amroha, Moradabad

Purchase of equipment

0.25

0.25

 

Shohrat Industrial Training Inst., Amroha, Moradabad

Purchase of equipment

0.25

0.25

 

Jamia Ashraful Uloom, Muzaffarnagar

Construction of school building

5

5

 

Gonda Muslim Education, Gonda

Construction of school building

24.7

8

 

Bal Bharti Nursery School, Allahabad

Purchase of computers

5

5

 

Indira Academy, Deoband, Saharanpur

To establish computer centre

1.56

1.56

 

Maulana Azad Niswan (Girls) Hr. Sec. School, Firozabad

Expansion of school building

5

4

 

Adarsh Faiz-e-Aam Education Society, Mathura

Construction of Girl’s Hostel building

30

15

 

Taleemee Society, Sahawar, Etah

Expansion of M.A. Islamia Jr. High School

9

NIL

 

Shabbir Memorial Education Society, Dhoerra, Aligarh

Expansion of school building & purchase of computer

6

NIL

 

Mohibuddin Muslim Educational Society, Azamgarh

Construction of girls hostel building

40

NIL

 

Maulana Azad Educationa, Tech. & Industrial Society, Gorakhpur

Expansion of school building

7.43

NIL

 

Ismail Girls National, Meerut

Expansion of school

15

NIL

West Bengal

Elm-e-Noor Barkatia High Madarsah, North 24-Parganas

Purchase of equipment

0.2

0.2

 

Khoshdilpur High Madarsah, Guma

Purchase of equipment

0.2

0.2

 

Islamic Educational & Welfare Trust, Calcutta

To establish residential school

50

25

 

Hallyan Azad Sangha, Howrah

Construction of girls hostel building

30

15

 

Society for Islamic Education, South 24-Parganas

Construction of girls’ hostel building

30

15





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