Minority Benefits

Author(s): Babita Jain
Publisher: Shrut Samvardhan Samsthan

Page 40

Grounds for Cancellation of Minority Status Certificate
The minority status certificate granted by this Commission or by any authority can be cancelled under Section 12C of the Act on violation of any of the conditions enumerated therein.
If a minority status certificate has been obtained by practicing fraud or if there is any suppression of any material fact or any fundamental change of circumstances warranting cancellation of the earlier order, the authority concerned would be within its powers to cancel the minority status certificate after affording an opportunity of being heard to the management of the institution concerned, in conformity with the principles of natural justice.
It is now well settled that any administrative order involving civil consequences has to be passed strictly in conformity with the principles of natural justice (See AIR 1978 S.C. 851). If any order relating to cancellation of minority status granted to a minority educational institution has been passed without affording an opportunity of being heard to such educational institution, it gets vitiated.
Minority status granted is permanent and cannot be reviewed periodically:
As has been held by the Madras High Court in T.K.V.T.S.S. Medical Educational & Charitable Trust vs. State of Tamil Nadu (AIR 2002 Madras 42) that a minority status cannot be conferred on a minority educational institution for particular period to be renewed periodically like a driving license. It is not open for the State Government to review its earlier order conferring minority status on a minority educational institution unless it is shown that the institution concerned has suppressed any material fact while passing the order of conferral of minority status or there is fundamental change of il circumstances warranting cancellation of the earlier order.
Reference may, in this connection, be made to the following observations of their lordships :
"................In conclusion, we hold that if any entity is once declared as minority entitling to the rights envisaged under Article 30(1) of the Constitution of India, unless there is fundamental change of circumstances or suppression of facts the Government has no power to take away that cherished constitutional right which is a fundamental right and that too, by an ordinary letter without being preceded by a fair hearing in conformity with the principles of natural justice."
Aims and objects of the Society/Trust :
In PA Inamdar Vs. State of Maharashtra's case (2005) 6 SCC 537, the following observations made in the case of T.M.A. Pai Foundation Vs. State of Karnataka (2002) 8
20
nority Benefits
29