The Hindu : National : State aid no plea to interfere with minority colleges: court

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Wednesday, Nov 29, 2006
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State aid no plea to interfere with minority colleges: court

J. Venkatesan

Receipt of aid does not alter the nature or character of the institution: Supreme Court

NEW DELHI: In a significant ruling, the Supreme Court has held that laws enacted by the Central or State Governments cannot interfere with the overall administrative control of aided minority educational institutions, particularly in staff appointment.

"All laws made by the state to regulate the administration of educational institutions, and grant of aid, will apply to minority institutions also. But if any such regulation interferes with the overall administrative control by the management... such regulations to that extent will be inapplicable to minority institutions," said a Bench consisting of Justices H.K. Sema and R.V. Raveendran.

Justice Raveendran, quoting the 11-judge Bench judgment in the TMA Pai case, said: "This court has made it clear that a minority institution does not cease to be so, merely on receipt of aid from the State or its agencies."

The Bench said: "Article 30 (1) clearly implies that any grant given by the state cannot have such conditions attached to it which will in any way dilute or abridge the rights of the minorities to establish and administer educational institutions. But all conditions that have relevance to the proper utilisation of the aid by an educational institution can be imposed."

The Bench allowed an appeal by the Malankara Syrian Catholic College against a Kerala High Court judgment upholding the State's regulation that only a senior lecturer could be appointed principal since acceptance of aid took away the rights of a minority institution to claim immunity from interference.

Rejecting the contention, the Bench said the receipt of state aid "does not annihilate the right guaranteed to minorities to establish and administer educational institutions of their choice under Article 30 (1). The right to appoint principal and [other] teachers was the most important facet of the minority's `right to administer' under Article 30(1). And receipt of aid by minority institutions does not, in any way, fetter or abridge their constitutional right to administer educational institutions."

Setting aside the judgment, the Bench said: "Any rule which takes away this right of the management has been held to be interfering with the right guaranteed by Article 30. Having regard to the key role played by the principal in the management and administration of the institution, there can be no doubt that the right to choose the principal is an important part of the right of administration and even if the institution is aided, there can be no interference with the said right..."

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