Madras HC stays order on minority educational institutions to admit 50% minority students

Published on: Sep 12, 2018 16:51 IST
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In order to retain the minority status, the Madras High Court has implemented a state government order mentioning that all minority educational institutions should give admission to not less than 50 per cent of students from the minority community every year. Justice SS Sundar gave the interim stay Tuesday while admitting a petition from the Institute of the Franciscan Missionaries of Mary, by its president Rev Sr Sriyapushpam, seeking to quash the government order issued on April 5, 2018, which also fixed the upper limit of 75 per cent in respect of aided institutions.

The judge then posted the matter for further hearing after two weeks. Referring to a Supreme Court directive, the petitioner said the top court has held that admissions in unaided minority educational institutions at school education level could not be regulated by the state government, while it could notify the percentage of the non-minority students to be admitted in the aided minority institutions.

That will be in respect to the minimum admission but never be a maximum limit. The petitioner additionally noticed that the apex court has time and again held that the minority foundations gain minority character since it was built up and controlled by the minority network and not in view of the number of minority students conceded in that.

If the minority status was linked to the ratio of admission of minority students, the status would be fluctuating every year, she contended. Also, there could never be sureness in the idea of the establishment. That was not the expectation of the establishing fathers of the Constitution, the candidate said. The administration arranges experiences official mala-fide to by implication deny the minority status to the instructive organizations set up and regulated by the minority network by forcing a troublesome and illogical condition, changing the rules that have stood the trial of time, she included.

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