N. Ammad, Appellant v. Manager, Emjay High School and others, Respondents. N. Ammad.
S. SAGHIR AHMAD AND K.T. THOMAS, JJ.
Kerala Education Act (6 of 1959), Section 2(5)- Minority school - claim - Claim for protection - Declaration of school as minority school by Government - Not condition precedent.
When the Government declared the school as a minority school it has recognised a factual position that the school was established and is being administered by a minority community. The declaration is only an open acceptance of a legal character which should necessarily have existed antecedent to such declaration. Therefore, it cannot be said that the school can claim protection only after the Government declared it as a minority school.
Kerala Education Act (6 of 1959), Section 36 -Kerala Education Rules (1959), Rule 44(1) - Appointment of Headmaster in minority school - Right of management to choose and appoint any qualified person -Is protected by Article 30(1) of the Constitution.
The management's right to choose a qualified person as the Headmaster of the school is well insulated by the protective cover of Article 30(1) of the Constitution and it cannot be chiselled out through any legislative act or executive rule except for fixing up the qualifications and conditions of service for the post. Any such statutory or executive rule except for fixing up the qualifications and conditions of service for the post. Any such statutory or executive fiat would be violative of the fundamental right enshrined in the aforesaid Article and would hence be void ... (Source: AIR 1999 Supreme Court 50)
Medical College Project in Maharashtra The Konkan Muslim Education Society
A non-profit organization, established in 1927 to address the problem of illiteracy amongst the Muslim youth. Today Society runs seven high schools, two junior colleges, three computer centres and the Women's College of Arts, Science and Commerce. These institutions collectively impart education to more than 10,000 students, out of which about 50% are girls. KMES is largely dependent on private donations.
On 10 May 1996, the Government of India has issued a Letter of Intent to the Society to start a Medical College for the MBBS course in Bhiwandi for 50 students. This will be the first medical college to be established by the Muslim community in Maharashtra. The cost of establishing a full-fledged Medical College is estimated at US$ 5 million ..
The Society has already constructed a building, over 40,000 sq. ft., to house the Anatomy, Physiology and Biochemistry laboratories ... In addition, it has purchased most of the equipment required to start instructions for the 1" year of the course ..
Aslam Fakih, President
4, Sea Glimpse, Walton Road, Mumbai 400 039, India.
Shahabuddin on Jamia Millia Islamia Letter to The Pioneer, 26 October, 1998
This has reference to the article, "Jamia Awakes" (21 October, 98) by Malvika Kaul errs in ignoring the historically established Islamic character of the institution since its very inception. The founding fathers did not perceive any conflict between Islarn and Nationalism and therefore named it as Jamia Millia Islamia, National Islamic University. Gandhiji himself endorsed the Islamic character of the institution which, however, never closed its doors to non-Muslims. But it always maintained its Islamic ethos and had a preponderance of Muslims not only in its management but in its faculty and student body.
The official bill in 1998 was misconceived. Its primary motivation was to obtain more financial assistance from the state. It was passed despite the opposition of the Muslim MPs. The Bill not only ignored the history of the institution but the very object and purpose of its foundation. It also did not provide due protection to the Muslim interest, either in the matter of participation in its management or any preferential treatment in admission. I had submitted many amendments which were rejected. However, in 1996, the University Executive Council endorsed virtually all those amendments.
Under the present Act, the JMI has totally lost its distinct character and has been reduced to yet another Central University, particularly in high employability Courses Muslims have been outnumbered. The Muslim community has no option but to lump it and wait over yet another Act of State which deprives them of an institution which its founding fathers had nurtured with their sweat and tears in the hope of creating a viable synthesis between Nationalism and Islam and producing Muslim Indians .
Shahabuddin's Comments - Letter to The Indian Express, 18 December, 1998
Sharad Gupta's report on the Kalpa Yojana controversy in UP, quotes C.M. Kalyan Singh as saying that the Kalpa Yojana has been withdrawn. To the best of my knowledge, no such Government Order has yet been issued. Secondly, he quotes the sacked Minister Ravindra Shukla as saying.that the Vande Mataram finds a mention in the Constitution. It does not. Respect to National Anthem is one of the fundamental duties under Article 51A(a). Also, there is no law to regulate the use of Vande Mataram as the National Song as there is for National Anthem. But even this law does not make singing compulsory.
