Free Essay

Article 29 and 30 Constitution

In: Social Issues

Submitted By rad09
Words 853
Pages 4
Issue:
To what extent can the rights of aided private minority institutions to administer be regulated?
Sub issues:
1. Procedure and method of admission and selection of students.
2. Minority institutions right to lay down procedure and method of admission.

• Art 25(1) is subjected to morality, public order health and other provisions of part 3.
• Article 26 (a) – right to establish and maintain institutions for religious and charitable purposes. Education comes within the meaning of charitable purposes.
• Article 28(1) – prohibits educational institution, maintained out of state funds to provide religious instructions. Moral education can be given. Article 28(2) is an exception to article 28(1) , where in an endowment or trust administered by state can impart religious instruction written in the terms of the endowment. In such a case 28(1) doesn’t apply.
• Article 30 gives right of minorities to establish and administer institutions of its choice. But this right is not absolute. As per article 29(2) educational institution maintained or aided by state cannot deny admission to the citizen on the grounds of religion, race, caste or religion. o State of madras v. Champakam Dorairajan : in this the government order to give admission to students to engineering and medical colleges in state should be decided by the selection committee was held violative of article 29(2)) o The state of bombay v Bombay education society and others: in this case a circular was issued which directed every primary school which use English as a medium of studies to not to admit students other than the pupils who’s language was English. A no. of writ petitions were filed and high court allowed them. It was held that in case of minority institutions to which protection of article 30 was available, the provisions of article 29(2) were indeed applicable. o Kerala education Bill: the case was reference under article 143(1) made by presidents to obtain the opinion of the court on certain questions relating to constitutionality of the Kerala education bill. In this the argument advanced was that if any member from other community is admitted to a school established for a minority then it will cease to exist as a minority institution. The argument was not taken into account. As there was no such limitation in article 30(1) that only members of the own community can be admitted. It was held that by admitting a non-minority member to a minority institution it will not shed its character and cease to be non-minority. Both the article 29(2) and 30(1) contemplate that a minority institution with a sprinkling of outsiders admitted to it. The object of conversation of language and script can be better served by propagating the admission of the non-members of the particular minority community. The sprinkling of outsiders phrase clearly shows the applicability of article 29(2) to art. 30(1). The court held that when a minority institution receives aid then it has to admit non-minority members. No limitation can be placed on the subjects to be taught in these institutions. o The court in State of kerala v. very Rev. mother provincial, etc. : it was held in this case that article 30(1) two rights which are separated in point of time. The first right is the initial right to establish institutions of minority’s choice. It doesn’t matter if the institution is established by an individual or a community, what matters is the intention.
The second right is to administer i.e. management of the affairs. the management must be free of control so that the founders can mould the institution according to their wish and in accordance with the idea of how interests of the community can be served.
An exception was pointed by the court that the minority institutions cannot be allowed to fall the set standards of education and are not allowed to decline the general pattern. o The ahemdabad st. xaviers college society case - it was held with regard to affiliation must follow the statutory regulating education standard and efficiency prescribed courses of study and courses of instructions etc.
The right to administer includes 4 principal matters: right to choose its management committee, to choose teachers, right not to compelled to refuse admission to students, right to use properties and assets for the benefit of its own institution.
In the field of administration it is not reasonable to claim that the minority institutions will have complete autonomy. A check on administration is necessary to ensure administration is sound and efficient and will serve the academic needs of the institution. The right to administer involves a correlative duty of good administration.
The right to administer does not include right to mal administer. It was held that regulations could be lawfully imposed for receiving the grants and recognition, while permitting the institution to retain its character as a minority institution.
The state can prescribe the educational qualifications of the teachers but the requisite teachers would be selected by the minority institutions, the state would have no right to veto the selection of those teachers.…...

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