Supreme Court Restates the Principles for Minority Educational Institutions

The Supreme Court summarized the principles governing minority educational institutions under Article 30 of the Constitution of India. Earlier, the Supreme Court upheld the constitutional validity of the National Eligibility-cum-Entrance Test (NEET) for graduate and post-graduate programs in medical and dental courses in the country. Explicitly, in a batch of writ petitions filed by Christian Medical College, Vellore vs Union of India. A bench comprising Justices Arun Mishra, Vineet Saran, and M R Shah noted the right conferred on the religious and linguistic minorities as not absolute. That is, the right to administer educational institutions of their choice. The bench held that this right is not free from regulations.

Based on a few precedents, the apex court noted that the rights of the religious or linguistic minorities; under Article 30 stand not in conflict with other parts of the Constitution. It measures plans for the proper functioning of institutions. Moreover, the measures are to ensure the standard of education is maintained. Hence, the measures intend to weed out evils from the system and various malpractices which decayed the system.

The bench opined that the regulatory measures in no way interfere with the rights of minority educational institutions; to administer the institution by the religious or linguistic minorities. Reasonable regulatory measures can be provided without violating such rights available under Article 30 of the constitution to administer an institution. Consequently, the court held a uniform entrance test qualifies the test of proportionality and reasonability. Consequently, the Supreme Court held that the rights under Article 30; are not in violation with Section 10D of the MCI Act and the Dentists Act.

CONTINUE READING

The case of Aruna Shanbaug that changed the Euthanasia laws...

0
It is my Belief that death is a friend to whom we should be grateful, for it frees us from the manifold ills which are our lot - Mahatma Gandhi. As human beings, out the umpteen desires that we have, one of them is definitely to have a peaceful death....

Justice D Y Chandrachud’s path-breaking Verdict in the Sabarimala Case of...

0
“Will the quest for equality and fraternity be denuded of its content where women continue to be treated as children of a lesser god in exercising their liberties in matters of belief, faith and worship? Will the pursuit of individual dignity be capable of being achieved if we deny...

After repealing section 377, its time to Legalise Same-Sex Marriage in...

0
A draconian, archaic law that criminalized homosexuality was struck down in a historic judgment given by the Supreme Court in 2018. Two years after the judgment, the LGBTQ (lesbian, gay, bisexual, transgender, and queer) community has now sought legal recognition of their relationships. As the social stigmas surrounding the LGBTQ...

Modern Day Book Burning a.k.a Internet Shutdowns

0
The internet has become an indispensable element in our society for all the obvious reasons. For the majority of users, not a single day goes by where we don't 'need' the internet and the lack of a reliable and fast connection can feel paralyzing. An internet shutdown refers to...

Letter to UNHRC – Dr Kafeel Khan, Punished Because He’s Muslim

0
Kafeel Khan, a doctor by profession and a social activist has been targeted by Yogi Government since 2017, in 3 years he had been maliciously arrested 3 times & imprisoned for around 14 months on the false charges set up against him at many instances. Now he is absolved...

Prison Life In India and its Aftermath

0
Everyone prays to never see the bars of prison in their lifetime. Yet, as fickle as life is, it is quite hard to predict the future. It is in everyone’s benefit to know a little bit about prison life; for movies and cinemas do not do justice to the...