Dhananjay Mahapatra, Times of India,
25 Aug, 2006
NEW DELHI: Removing a general misconception, the Supreme Court has ruled that an institution managed by persons from the minority communities, on that fact alone, cannot be classified as a minority institution to claim privilege under the special provisions enacted from time to time.
This ruling was given by a Bench comprising Justices S B Sinha and Dalveer Bhandari while dealing with the minority status and independence to manage recruitment of teachers by an institution established by the Jain community, recognised by the Uttar Pradesh government as a minority institution.
Referring to several judgments of the apex court on the issue of minority community, the Bench said: "Only because an institution is managed by a person belonging to a particular religion, the same would not, ipso facto, make the institution run and administered by a minority community."
Whether an institution is established and administered by a minority community may have to be determined by the appropriate authority in terms of the provisions of law enacted by the state in which the institution is functioning, said Justice Bhandari, writing the judgment for the Bench.
The question before the Bench was whether the management of Kanya Junior High School Bal Vidya Mandir at Etah, recognised as a minority institution by the state government, committed any irregularity by removing a teacher from service without prior approval of the district basic education officer.