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A medical college was established by a Trust in the year 2001, however, the Trustees adopted Bhuddhism in 2015. Thereafter, they sought status of a Minority Educational Institution for the medical college.
The Lucknow Bench of Allahabad High Court on Monday held that mere administration of an educational institution by a minority will not confer on it a status of a Minority Educational Institution. "It also ought to have been established by the minority and it should also be notified by the State as such," Court said.
Referring to Section 2(h) of the Uttar Pradesh Private Professional Educational Institutions (Regulation of Admission and Fixation of Free) Act, 2006 (U.P. Act No.24 of 2006), the bench of Justices Devendra Kumar Upadhyaya and Subhash Vidyarthi observed,
"There are three conditions for an institution to qualify as a minority institution. The conditions are (i) that the institution should have been established by a minority, (ii) the institution should be administered by a minority and (iii) the institution should be notified as such by the State Government."
Court added that establishing an institution and administering it are two different happenings. "If a society or a Trust did not comprise of members of any Minority Community (either linguistic or religious) at the time when it established an educational institution and subsequently attains the status of a minority and starts administering such an institution, the educational institution concerned will neither be a Minority Institution within U.P. Act No.24 of 2006, nor shall it be Minority Educational Institution within the National Commission for Minority Educational Institutions Act, 2004 (Act, 2004)," the court held.
Court was dealing with a petition challenging the order passed by the State government, where it refused to treat an institution as Minority Institution.
A Trust (petitioner no. 1) established a new medical college (petitioner no.2) in 2001 after acquiring permission from the Central government. In 2015, an application was made by the President of the Trust to the National Commission for declaring petitioner no. 2 as a minority institution.
In 2018, the Secretary of the National Commission issued a certificate declaring petitioner no.2 as Minority Educational Education covered under section 2(g) of the Act, 2004.
Thereafter, an application was made to the State Government for issuance of a certificate for treating the petitioner no.2 as a Minority Institution, which was rejected.
Admittedly, when the Medical College was established, the Trust (petitioner no.1) did not comprise members of Minority Community and it was in 2015, when an alteration was made in the Trust deed when the board of the trust adopted a minority religion, namely, Bhuddhism.
Court held that right to establish minority education institution as given in section 10 of the Act, 2004 is subject to the provisions contained in any other law in force.
However, court added that even within the meaning of section 2(g) of the Act, 2004, mere administration of an educational institution by minority or minorities is not sufficient or enough to declare such an Educational Institution to be a Minority Educational Institution.
Moreover, in view of the facts of the case, court held that in such a situation the educational institution concerned will neither be a Minority Institution within U.P. Act No.24 of 2006, nor shall it be Minority Educational Institution within Act, 2004.
Therefore, finding no illegality in the decision of the State Government not to treat the petitioner no.2 as Minority Institution, court dismissed the petition.
Case Title: Mtv Buddhist Religious Andcharitable Trust Thru President Andanr v. State Of U.P. and Ors.
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