CHENNAI, January
24, 2013
Staff Reporter
National Commission for Minority Educational Institutions (NCMEI)
Chairman M.S.A.Siddiqui on Tuesday came down heavily on the State Government
for issuing temporary minority status certificates to educational institutions.
Addressing a conference on ‘Rights and opportunities for minority
institutions in Tamil Nadu,’ Mr. Justice Siddiqui said, “Particularly in Tamil
Nadu, there is tendency of issuing temporary minority status certificates
either for one year or two, subject to renewal after expiry of the period. That
is wholly illegal.”
The conference was jointly organised by the NCMEI and Muslim
Educational Association of Southern India (MEASI).
Mr. Justice Siddiqui recalled that in the case of T.K.V.T.S.S
Medical Educational and Charitable Trust Vs the State of Tamil Nadu, the Madras
High Court had held that minority status could not be conferred on a minority
educational institution for particular period to be renewed periodically like a
driving licence.
The court had said, “It is not open for the State Government to
review its earlier order conferring minority status on a minority educational
institution unless it is shown that the institution concerned has suppressed
any material fact… or there is fundamental change of circumstances warranting
cancellation on the earlier order.”
Though such ruling was delivered in 2002, he said, “Still, the
State Government is issuing temporary minority education certificates. That is
contrary to ruling of the high court. That shows they don’t any respect either
for their own high court or the constitution…this is totally illegal and [shows
the] myopic approach of competent authority of the State Government.”
Mr. Justice Siddiqui said that when the institutions that had got
temporary certificates approached the commission, the certificates were
converted into permanent ones by relying on a Supreme Court judgment.
Advising the State Government to desist from such practice, he
said, “We expect and hope that the officers will follow the judgment of the
court.”
Dwelling on various functions of the NCMEI, Mr. Justice Siddiqui
said that around 14,000 cases had been filed so far and 13,000 disposed. Only
1000-odd cases remained pending as on end of last year. Appealing to Muslim
minority institutions to utilise the services, he lamented stated that “the
Muslim community institutions have not fully utilised the services of NCMEI.”
Presiding over the conference, the Prince of Arcot Nawab Mohammed
Abdul Ali urged that the mandate of the Commission be expanded to look into the
problems faced by minority students in getting admitted to schools under Right
to Education Act. It also could look into the drop-out rate among minorities
and suggest remedies.
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Courtesy: The Hindu