The Supreme Court recently settled a long-pending issue, ruling that a member of a linguistic non-minority in one State cannot establish a trust or society to run educational institutions in another State and claim minority status.
A Bench of Justices SS Nijjar and MY Eqbal said there cannot be any controversy over the fact that minorities have a right to establish and administer educational institutions and the State Government or universities cannot interfere with their day-to-day management.
The Supreme Court’s judgement, inked by Eqbal, however, said, “Though Article 30 does not lay down any limitation upon the right of a minority to administer its educational institution, this right is not absolute.”
“This is subject to reasonable regulations for the benefit of the institution. The State and universities can issue directions from time to time for maintenance of standards and excellence of such institution, which is necessary in national interest,” said the apex court.
legal experts said the Supreme Court order of March 22 has settled the question left unanswered by an 11-judge Bench in the famous TMA Pai Foundation case.
Several institutions, including Deoghar-based Dev Sangha Institute of Professional Studies and Educational Research (DIPSER), are fighting a case in Jharkhand High Court to claim minority linguistic status, which would exempt them from various Government diktats, like implementing reservations policy etc.
The court delivered this judgement while dismissing a petition filed by Dayanand Anglo Vedic (DAV) College Trust & Management Society — first started in 1885 in lahore and later shifted to Punjab in 1948 — claiming Hindi-promoting minority status in Maharashtra, against a Bombay High Court judgement.
The society is said to have established a large number of schools and colleges and is running them. The society started educational institutions at Solapur in 1940 and other places in Maharashtra.
Persons speaking Hindi and followers of Arya Samaj in Maharashtra constitute less than 50 per cent of its total population. Being formed by persons belonging to Arya Samaj and speaking Hindi, the society claimed to be a linguistic minority.
The Maharashtra Government had, however, rejected a request by the trust in 2008 that the recognition certificate granted in the name of its society at Solapur should be in the name of its New Delhi chapter, on grounds that only those Hindi-speaking persons who were residing in Maharashtra would be treated as minority there.
In February 2010, the Bombay High Court declined to interfere with the Maharashtra Government’s decision, withdrawing recognition granted to the society after finding that society members were residing in New Delhi.
“In the instant case, the appellant is registered in New Delhi. A majority of trustees reside in New Delhi and, therefore, these persons cannot be treated as minority in Maharashtra. They cannot claim protection of linguistic minority in Maharashtra,” the court noted.
“We have no hesitation in holding that in order to claim minority/linguistic status for an institution in any State, authorities must be satisfied first, that the institution has been established by persons who are minority in such State; and second, right of administration of the said minority linguistic institution is also vested in those persons who are minority in such State,” the Bench added.