#article_30 #anuchched_30 Article 30 is part of fundamental rights in indian constitution.
Article 30 says:
30(1) : All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.
30(1A) : If the government is having an acquisition on any property of minority educational institution then the government should keep this in mind that a fixed price should be settled in a way that does not deter the rights of minorities.
This provision was added by the 44th amendment act of 1978 to protect the right of minorities in this regard. The act deleted the right to property as a fundamental right (article 31).
30(2) : The state shall not discriminate against any educational institution in granting aid on the ground that it is under the management of a minority, whether based on religion or language.
Right to establish:
To claim the benefit under article 30(1) it is not necessary-
That the institution must seek to conserve the language, script or culture of the minority community; what is necessary is its establishment by the minority community, it may impart religious or secular education wholly unconnected with language, script, and culture.
That admission into such institution must be confined exclusively to members of the minority community, and not a single member of the majority community or other minority communities should have its advantage.
Right to administer:
Right to establish and administer is not absolute nor does it include the right to maladministration. Word “administer” under article 30(1) of the Constitution means the right to manage and conduct the affairs of the institution. It is open to a university to impose reasonable conditions upon a minority institution for maintaining the requisite educational standard and efficiency like-
Qualifications of teachers/ non teaching staff to be appointed in the institution;
Conditions of service e.g the age of superannuation of teachers;
Qualifications for entry of students an set up a reasonable fee structure.
Courses of study (subject to special subjects which the institution may seek to teach)
Hygiene and physical training of students.
To choose its governing body in whom the founders of the institution have faith and confidence to conduct and manage the affairs of the institution.
National Commission for Minority Educational Institution (NCMEI):
It was established on 11th November 2004 which later got replaced by the new act passed on December 2004. Its main function is to provide protection to an interest of minorities in terms of minorities educational institution. Functions:
Giving advice to state government and central government on any query related to the education of minorities.
Interfering in any proceeding related to deprivation or violation of the educational right of the minorities before the court.
Measures to protect the minority status and character of the institution.
Take decision for all questions concerning the status of any minority educational institution.
It recommends to the government to implement schemes for the minority educational institution.
I hope this video helps you in understanding Concepts of Article 30 and its limitations.
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