Court stays order demanding student intake details from minority institutes
TNN | Nov 11, 2018, 09.03 AM IST
CHENNAI: In a reprieve to minority educational institutions across the state, including top city institutions like the Loyola, Madras Christian College and Stella Maris, the Madras high court has stayed the State Minority Commission order asking them to show records to prove that 50% of the seats were filled only with students from minority communities.
Justice S S Sundar granted the interim relief based on the undertaking provided by the institutions that admission would not be denied to any eligible minority candidate.
These institutions said, though they were minority educational institutions, admission was never denied to anyone on the ground of religion, caste or creed. Denial of admission to any candidate on the ground that such candidate does not belong to minority community would violate the right of the students to get admission.
On October 16, the minority commission issued a notice stating that the prime intention of minority educational institutions was to uplift the educationally backward minority people and sprinkling of non-minority students in the minority educational institution was to be only peripheral, either for generating additional financial source or for cultural courtesy.
It further added that it had been brought to its notice that the admission of non-minority students was not peripheral but large in number in some of the educational institutions and thus reservation of seats for minority communities was not followed in deference to the guidelines prescribed in the 1998 government order.
The commission further directed the principals of such institutions to appear before it with the details of students admitted for the past three academic years. On inquiry made by the institutions, the authorities informed that the commission was insisting upon the minority colleges to admit minimum 50% seats only with minority candidates, the petitioner said.
Claiming that the commission lacked authority to fix any such criteria in the matter of admission of students in minority institutions, the petitioners refused to provide the admission details and, instead, approached the high court saying the proceedings were arbitrary, illegal, unconstitutional and without jurisdiction.
“The Tamil Nadu Private Colleges (Regulation) Act and Rules do not empower the commission with any such power to direct the private minority educational institution to prescribe any percentage of admission in minority educational institutions,” the petitioners said.
TNN | Nov 11, 2018, 09.03 AM IST
CHENNAI: In a reprieve to minority educational institutions across the state, including top city institutions like the Loyola, Madras Christian College and Stella Maris, the Madras high court has stayed the State Minority Commission order asking them to show records to prove that 50% of the seats were filled only with students from minority communities.
Justice S S Sundar granted the interim relief based on the undertaking provided by the institutions that admission would not be denied to any eligible minority candidate.
These institutions said, though they were minority educational institutions, admission was never denied to anyone on the ground of religion, caste or creed. Denial of admission to any candidate on the ground that such candidate does not belong to minority community would violate the right of the students to get admission.
On October 16, the minority commission issued a notice stating that the prime intention of minority educational institutions was to uplift the educationally backward minority people and sprinkling of non-minority students in the minority educational institution was to be only peripheral, either for generating additional financial source or for cultural courtesy.
It further added that it had been brought to its notice that the admission of non-minority students was not peripheral but large in number in some of the educational institutions and thus reservation of seats for minority communities was not followed in deference to the guidelines prescribed in the 1998 government order.
The commission further directed the principals of such institutions to appear before it with the details of students admitted for the past three academic years. On inquiry made by the institutions, the authorities informed that the commission was insisting upon the minority colleges to admit minimum 50% seats only with minority candidates, the petitioner said.
Claiming that the commission lacked authority to fix any such criteria in the matter of admission of students in minority institutions, the petitioners refused to provide the admission details and, instead, approached the high court saying the proceedings were arbitrary, illegal, unconstitutional and without jurisdiction.
“The Tamil Nadu Private Colleges (Regulation) Act and Rules do not empower the commission with any such power to direct the private minority educational institution to prescribe any percentage of admission in minority educational institutions,” the petitioners said.
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