Minority Benefits

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

Page 51

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 also relevant to note that 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. Section 12C is as under:
“12C. Power to cancel.-The Commission may, after giving a reasonable opportunity of being heard to a Minority Educational Institution to which minority status has been granted by an authority or Commission, as the case may be, cancel such status under the following circumstances, namely: (a) if the constitution, aims and objects of theeducational institution,
which has enabled it to obtain minority status has subsequently been amended in such a way that it no longer reflects the purpose,
or character of a Minority Educational Institution; (b) if, on verification of the records during the inspection or
investigation, it is found that the Minority Educational Institution has failed to admit students belonging to the minority community in the institution as per rules and prescribed percentage governing admissions during any academic year."
(emphasis supplied) The parliamentary paramountcy has been provided for by Articles 246 and 254 of the Constitution. In view of the mandate of these Articles of the Constitution, the National Commission for Minority Educational Institutions Act, 2004, being a Central law shall prevail over the State law. The State Government cannot add, alter or amend any provision of the Act by issuing executive instructions. (See Greater Bombay Co-op. Bank Ltd. Vs. M/s. United Yarn Tex. Pvt. Ltd & Ors JT 2007 (5) SC 201).
Affiliation And Recognition
Although Article 30(1) of the Constitution does not speak of the conditions under which the minority educational institution can be affiliated to a university yet the Article by its very nature implies that where an affiliation is asked for, the university concerned cannot refuse the same without sufficient reasons or try to impose such conditions as would completely destroy the autonomous administration of the educational institution.
Minority berit