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gk today magazine subscription Published this article page no 34 If an unfavourable treatment is given out to an educational institution established and administered by a minority an objection can be raised. o But if ensuring of excellence in educational institutions is the underlying principle behind a regulatory regime and the mechanism of selection of teachers is so designed to achieve excellence in institutions the matter may stand on a completely different footing. While upholding the validity of the Act SC reiterated that regulation of minority institutions including in matter of appointment of teachers is permissible if it is intended to ensure excellence in minority institution without interfering with its minority status. The court referred to the TMA Pai vs State of Karnataka 2002 case while deciding this case. Constitutional Provisions regulating Minority Institutions Article 30 of the Constitution deals with the Right of minorities to establish and administer educational institutions. Under Article 30 (1) all minorities whether based on religion or language have the right to establish and administer educational institutions of their choice. Article 30 (2) prohibits the state in discriminating against such institutions in granting aid on the ground that it is under the management of minority. Minority Educational Institutions (MEIs) The National Commission for Minority Educational Institutions (NCMEI) Act defines MEI as a college or an educational institution established and administered by a minority or minorities. The Constitution of India does not define the term minority. The NCMEI Act defines minority means a community notified as such by the Central Government. o As per notification of the Government of India there are 6 notified religious minority communities Muslim Sikh Christian Buddhist Parsis and Jain. o No linguistic minority has been notified by the Central Government till date. Thus linguistic minorities are outside the purview of the NCMEI. Eligibility criteriao Educational institution is established and being administered by the minority community. o If it is run by a trust registered society majority of members must be from the minority community. o It has been established for the benefit of the minority community gk today magazine subscription buy.
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