New Delhi, October 6 (PTI): Supreme court has agreed to examine whether any Educational institution It will be given the status of a minority institution as a result of it being administered by the members of the minority community. A bench of Justice BR Gavai and Justice BV Nagarathna has issued notice to them. Government of Uttar PradeshNational Commission for Minority Educational Institutions, national medical commission and others seeking their answers.
The top court was hearing an appeal filed by the Mahayana Theravada Vajrayana Buddhist Religious and Charitable Trust. Allahabad High Court The order which said that mere administration of an educational institution by a minority would not confer the status of a minority institution to it.
The high court was considering a petition against the order of the Uttar Pradesh government, where the state government refused to treat the institute as a minority institution.
“For an institution thus to qualify as a minority institution within the meaning of the Uttar Pradesh Private Vocational Educational Institutions (Regulation of Admission and Free Determination) Act, 2006, it must not only be an institution administered by a minority Rather it should also be established by the minority and it should also be notified by the State,” the High Court had said.
The petitioner trust had established a medical college in 2001 and the members of the trust later converted to Buddhism in 2015 and continued to administer the institution.
The High Court, in its order, had said that it does not find any illegality in the state government’s decision not to treat the educational institution of the trust as a minority institution to keep it out of the purview of the 2006 Act.
“Accordingly, we also do not see any illegality in the orders dated October 5, 2010 and October 7, 2010 under which the Director General Medical Education and Training had sought proposal from the educational institution of the Trust for the purpose of fixation of fee for the academic year 2020- 21 for students pursuing MBBS and BDS courses,” the High Court held.
The High Court also found no illegality in the state government’s November 6, 2020 order passed by the Medical Education Department, under which the fees were to be charged from the students of the educational institution of the trust.
“Founding and administering an institution are two different events. If a society or trust did not consist of members of a minority community (either linguistic or religious) at the time it established an educational institution and subsequently acquires the status of a minority and begins the administration of such institution, in our opinion, the educational institution concerned shall neither be a minority institution within the Act, 2006 nor a minority educational institution within the Act, 2004, “The High Court had said.
The top court was hearing an appeal filed by the Mahayana Theravada Vajrayana Buddhist Religious and Charitable Trust. Allahabad High Court The order which said that mere administration of an educational institution by a minority would not confer the status of a minority institution to it.
The high court was considering a petition against the order of the Uttar Pradesh government, where the state government refused to treat the institute as a minority institution.
“For an institution thus to qualify as a minority institution within the meaning of the Uttar Pradesh Private Vocational Educational Institutions (Regulation of Admission and Free Determination) Act, 2006, it must not only be an institution administered by a minority Rather it should also be established by the minority and it should also be notified by the State,” the High Court had said.
The petitioner trust had established a medical college in 2001 and the members of the trust later converted to Buddhism in 2015 and continued to administer the institution.
The High Court, in its order, had said that it does not find any illegality in the state government’s decision not to treat the educational institution of the trust as a minority institution to keep it out of the purview of the 2006 Act.
“Accordingly, we also do not see any illegality in the orders dated October 5, 2010 and October 7, 2010 under which the Director General Medical Education and Training had sought proposal from the educational institution of the Trust for the purpose of fixation of fee for the academic year 2020- 21 for students pursuing MBBS and BDS courses,” the High Court held.
The High Court also found no illegality in the state government’s November 6, 2020 order passed by the Medical Education Department, under which the fees were to be charged from the students of the educational institution of the trust.
“Founding and administering an institution are two different events. If a society or trust did not consist of members of a minority community (either linguistic or religious) at the time it established an educational institution and subsequently acquires the status of a minority and begins the administration of such institution, in our opinion, the educational institution concerned shall neither be a minority institution within the Act, 2006 nor a minority educational institution within the Act, 2004, “The High Court had said.