Minority Benefits

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

Page 55

law or regulations interfere with the overall administrative control by the management over the staff, or abridges/ dilutes in any other manner, the right to establish and administer educational institutions, such law or regulations, to that extent, would be
inapplicable to minority institutions. (iv) The general laws of the land relating to national interest, national security,
social welfare, public order, morality, health, sanitation, taxation etc. applicable
to all, will equally apply to minority educational institutions also. (v) The fundamental right guaranteed under Article 30(1) is intended to be effective and should
not be whittled down by any administrative exigency. No inconvenience or difficulties,
administrative and financial, can justify infringement of the fundamental right. (vi) Receipt of aid does not alter the nature or character of the minority educational
institution receiving aid. Article 30(1;clearly implies that any grant that is given by the State to the minority educational institution cannot have such conditions attached to it which will in any way dilute or abridge the rights of the minorities to establish and administer educational institutions. But the State can lay down reasonable
conditions for obtaining grant-in-aid and for its proper utilisation. (vii) The State can regulate the service conditions of the employees of the minority
educational institutions to ensure quality of education. Any law intended to regulate service conditions of employees of educational institutions will apply to minority educational institutions also provided that such law does not interfere with the overall administrative control of the managements over the staff. The State car
introduce a mechanism for redressal of the grievances of the employees. (viii)The right of minorities to establish and administer educational institutions of thei
choice comprises the following rights: (a) to choose its governing body in whom the founders of the institution
have faith and confidence to conduct and manage the affairs of the institution. The freedom to choose the persons to be nominated as members of the governing body has always been recognized as a vital facet of the right to administer the educational institution. Any rule which takes away this right of the management has been held to be interfering with the right guaranteed by Article 30(1) of the Constitution. The management can induct eminent or competent persons from other communities in the managing Committees/ Governing Bodies. The management can induct a sprinkling of non-minority members in the managing Committees/ Governing Bodies. By inducting a non-minority member into the Managing Committee/ Governing Body of the minority educational institution does not shed its character and cease to be a minority institution.
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Minority Behi