Skip to main content

Minorities have "fundamental right" to set up ed. institutions: SC

The Supreme Court has held that minorities have a "fundamental right" to establish educational institutions and the Government cannot put any unreasonable restrictions on it.

"It appears that the appellant is a religious minority. As a religious minority, it has a fundamental right to establish and administer educational institutions of its choice in view of the clear mandate of Article 30," the apex court said in a judgement.

According to Article 30, "All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions, in the country." The Article further provides that the State shall not discriminate against such institutions even if they obtain aid from the Government.

The apex court passed the judgement while upholding an appeal filed by Cannanore District Muslim Educational Association challenging a Kerala High Court decision that the association had no statutory right to run a higher secondary course in the Sir Syed College run by it.

The College had sought permission for running the higher secondary course which was not granted to it by the Government as the rules at that time did not permit it.

Interpreting the Kerala Education Rules the High Court took the view that the minority institution had no statutory right to run the course, following which the association appealed in the apex court.

Upholding the appeal, the apex court said that apart from enjoying the Fundamental Right to run the institute, the Government had initially accepted the plea for sanction but could not accord the same since the matter was under litigation in the High Court.

"The facts of this case clearly show that appellant is entitled to get the sanction of holding higher secondary classes. In fact the Government committed itself to give the appellant the said facility.

"The government's said order could not be implemented in view of the court proceedings. Before the procedural wrangle in the court could be cleared, came the change of policy. So it cannot be denied that the appellant has a right or at least a legitimate expectation to get the permission to hold Higher Secondary classes.

"The appellant is a minority institution and its fundamental right as a religious minority institution under Article 30 also has to be kept in view," the apex court observed while quashing the High Court judgement.

Hence it directed the State to sanction Higher Secondary course in the appellant's institution from the next academic session with the rider that the institution must follow the statutory procedures for appointment of teachers.

Comments

Popular posts from this blog

"Facebook Tests a New Feature To Let Users Enjoy Events Togather"

Facebook is testing a new feature to let users share events that they are interesting in attending to, on their "Stories" so that they can coordinate with friends and enjoy events together.

According to a TechCrunch report, the test will involve a new option to "Share to Your Story" that appears when you visit an event's page on Facebook.

"If shared, friends will see a tappable sticker within your Story that includes the event details and lets friends respond that they're also 'interested' right from the Story itself," the report added.

Friends also can tap on the sticker in the Story to visit the event page.

"There's also a link to the event page built in and a way to start a group chat on Messenger with friends who responded," said The Verge.

The test is currently rolling out to users in the US, Mexico and Brazil.

To use the new test feature, go to the Events page, click "Share" below the date and time of the eve…

India can produce 2,500 MW power from waste: Study

Energy deficient India can produce 2,500 MW electricity by 2012 by recycling millions of tonnes of municipal and industrial waste generated each year, an Assocham study has said. About 40,000 million tonnes of solid waste and 5,000 million cubic metre of liquid waste is generated every year in the urban areas which can be suitably recycled, it said."Expedite setting up of waste energy projects as there is potential of generating 2,500 MW of power from urban, municipal and industrial wastes in large cities to partly meet energy shortages," it said.

The study estimates that about 1,500 MW of power could be generated from urban and municipal wastes by setting up waste energy projects and additional 1,000 MW from industrial wastes in the country by 2012.Assocham has suggested that funds required -- around Rs 200 crore -- could be generated through municipalities and local governments.It further that India has potential to reduce its projected emissions over next 30 years by near…

Largest Spike in Hate Crimes Since 9/11, Says a Report

The number of hate crimes reported in the United States jumped by 17% last year, the largest increase since 2001 when the terrorist hijackings on 9/11 fueled a surge in attacks on Americans of Muslim and Arab ancestry.

A total of 7,175 hate crime incidents were reported to the Uniform Crime Reporting (UCR) Program in 2017, up from 6,121 in 2016, said the UCR Program's annual Hate Crime Statistics report, Xinhua reported.

It's the third year in a row the FBI has reported an increase in hate crimes. The number of hate crimes in 2016 rose about five percent from 2015.

The 2017 incidents encompass 8,437 total offences, meaning some involved multiple criminal charges.

According to the report, the most common bias categories in single-bias incidents were race/ethnicity/ancestry (59.6 percent), religion (20.6 percent), and sexual orientation (15.8 percent).

The victims represented a cross section of society, with African-Americans and Jews the most frequently targeted victims. Of 34…