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'Government can regulate state-funded minority institutes' By Deepshikha Ghosh and T.L. Garg, Indo-Asian News Service New Delhi, Oct 31 (IANS) In a landmark ruling, the Supreme Court of India Thursday ruled that the government could regulate state-funded minority educational institutions and decide the quota of non-minority students even in unaided institutions of linguistic or religious minorities. Responding to 173 petitions, an 11-judge constitutional bench -- the largest constituted in three decades to hear a case -- also said that both the minority and majority communities had equal rights to establish educational institutions. The court asserted that minority institutions funded by the state would come under government regulations. In these institutions, admissions had to be on the basis of a common entrance test or a formal entrance test, added the bench. The bench, headed by Chief Justice B.N. Kirpal, said the state and the university could not interfere in the running of unaided minority institutions as long as their educational system was transparent and merit held priority over religion. It further said a minority institution, if unaided, could not be regulated by the state. But the government could set the qualifications for the teaching staff. The bench included judges G.B. Pattanaik, V.N. Khare, S. Rajendra Babu, Syed Shah Mohammed Quadri, Ruma Pal, S.N. Variava, K.G. Balakrishnan, P. Venkatarama Reddi, Ashok Bhan and Arijit Pasayat. Chief Justice Kirpal and judges Pattanaik, Babu, Balakrishnan, Reddy and Pasayat gave the majority judgement on the case that has been dragging since 1993. Responding to the question "who constitutes a minority?" they said linguistic and religious minorities had to be considered on the basis of states and their population. It was pointed out that states were re-organised on the basis of language. Kirpal said an unaided minority educational institution had a right to admit students from its community "but it has to admit some students from the non-minority community". The bench upheld the law laid down in 1991 by another bench in a case pertaining to admission of non-Christians into St Stephens College of Delhi University. The court had then ruled that while government-aided minority institutions were free to give precedence to certain candidates to maintain their minority character, they would have to make available at least 50 percent of annual admissions to those other than the minority community. Also, the admission of other community candidates would have to be purely on merit. On Thursday, the bench said each state government could decide the percentage of admission granted to non-minority students into unaided minority institutions on the basis of population of the state. The bench also ruled that there would be no capitation fee for admission. At the conclusion of the ruling, Chief Justice Kirpal observed: "State control goes." The bench ruled that the states and universities could establish tribunals headed by an officer of the rank of District Judge to redress the grievances of the staff and teachers of minority institutions. Reacting to the ruling, Indu Bala, principal of the R.K. Puram branch of Delhi Tamil Education Association (DTEA) school, said: "We are not greatly perturbed by the ruling. As far as maintaining our minority identity, we have Tamil as part of the curriculum. That goes far enough to maintain our distinct identity." Former advocate-general K.T.S. Tulsi said the ruling was a setback for minorities as it gave the government a say in the functioning of minority institutions. "The judgement more or less equates minority rights with that of the majority, so the concept of a minority community seems to have been whittled down," said Tulsi. --Indo-Asian News Service ---------------------------------------------------------- What's On In Goa (WOIG): * Nov 1-17: Swimming classes for children, others. SAG pool, Fatorda * Nov 1: Antonio Costa's painting exhibition opens, F.Oriente 6.30pm * Nov 3: Children's Day by Jan Ugahi, Navelim Perpetual Convent morning. * Nov 4: Book release, on Dr Gama Pinto, Lourdes Convent Saligao ----------------------------------------------------------
