What is Minority Status for an Educational Institute and its Advantages?
Article 30(1) of the Constitution of India gives linguistic and religious minorities a fundamental right to establish and administer educational institutions of their choice. “Minority Educational Institution” means a college or an educational institution established and administered by a minority or minorities.
The Minority Schools are excluded from the RTE Act. To refer following schools are exempted i) Schools in the state of Jammu and Kashmir.
ii) Madrassas, Vedic Patshalas and educational institutions primarily imparting religious instruction
iii) Unaided minority schools are excluded from the Act, according to the 2012 Supreme Court Judgement
Who is a MINORITY? – It has been held by the Eleven Judges Bench of the Supreme Court in T.M.A. Pai Foundation vs. State of Karnataka (2002) 8 SCC 481 that a minority, whether linguistic or religious, is determinable only by reference to demography of the State and not by taking into consideration the population of the country as a whole. The two most fundamental requirements that the community must show; are;
(1) that it is a religious/linguistic minority,
(2) that the institution was established by it.
Who can start a Minority Educational Institute – A Society or Trust consisting of members of a minority community, or even a single member of a minority community, may establish an institution.
Is there a certain percentage of the students from the Minority Committee one has to fulfil before qualifying for Minority Status?
An aided minority educational institution, is entitled to have the right of admission of students belonging to the minority group and at the same time, would be required to admit a reasonable extent of non-minority students.
What would be a reasonable extent for Non-Minority Students, This would vary from the types of institution, the courses of education for which admission is being sought and other factors like educational needs. The State Government concerned has to notify the percentage of the minority students. Section 12C (b) of the Act also empowers the State Government to prescribe percentage governing admissions in a minority educational institution.
So currently I think these are not set in stone and one has to deal with the State Government to deal and finalise this issue that what is the max I can take from both the sides, Minority as well as Non – Minority
How to Register
Once a Society / Trust is formed, post that one has to visit the website of NATIONAL COUNCIL FOR MINORITY EDUCATIONAL INSTITUTE. You can access the website by clicking here.
PROCEDURE FOR FILING APPLICATION FOR GRANT OF MINORITY STATUS CERTIFICATE BEFORE NCMEI
Documents Required :
The applicant minority institution should be registered as a trust under the Public Trust Act 1950 or as a Society under Societies Registration Act 1860. In case of Society, copy of Society Registration Certificate should be enclosed with the application form. A copy of the Trust Deed, Memorandum of Association, Rules & Regulation/ Byelaws with all amendments should be enclosed. An affidavit signed by President/Secretary of the Society/Trust should also be enclosed as per prescribed format, on appropriate value of non-judicial stamp paper.
In case of an individual run institution, applicant should file an affidavit. They should also enclose a copy of the affiliation/ approval of the concerned education authorities for running the educational institution as the case may be.
Majority of the trustees/members (i.e. at least 51%) of the managing committee of the Society of the applicant institution should belong to the applicant Minority Community.
Original application complete in all respects with copy of all relevant documents as annexure alongwith five spare sets of the application should be submitted.
Educational trusts and societies seeking minority status will now be required to register as non-governmental organisation with the NITI Aayog, if they are seeking government aid or not.