2018 (4) TMI 1597 - SC - Indian Laws

Educational Institution - minority status or not? - Jurisdiction - Governing Body - Competent Authority for National Commission for Minority Educational Institutions - minority status of an educational institution - The NCMEI passed an ex-parte order declaring the said women s college as a minority educational institution on 23.10.2007 - validity of such order passed by NCMEI. Held that - The National Commission for Minority Educational Institutions Act, as it originally stood in 2004, by Section 10 only concerned itself with the recognition of minority educational institutions to an affiliated college of a scheduled university of its choice. At this stage, the functions of the NCMEI were limited to only three things, namely, an advisory function under sub clause (a); looking into specific complaints relating to deprivation or violation of rights of minorities to establish and administer educational institutions of their choice and any disputes relating to affiliation to scheduled universities under sub-clause (b); and a residuary clause to do all such other acts as may be necessary to the attainment of the objects of the NCMEI under sub-clause (c). A sea change came about by the Amendment Act of 2006. By this amendment, a person who desires to establish a minority educational institution is to apply to the competent authority for a no objection certificate for the said purpose under Section 10. Concomitantly, under Section 11, the functions and powers of the NCMEI were expanded beyond the original sub-clauses (a) to (c) referred to hereinabove, to include, under sub-clause (f), decisions as to all questions relating to the status of any institution as a minority educational institution and declaration of its status as such - The same Amendment Act of 2006 also conferred powers of appeal against orders of the competent authority to the NCMEI under Section 12A as well as over authorities that were established by the Central or State Government, who rejected applications for the grant of minority status to an educational institution, under Section 12B. A power of cancellation was also vested in the NCMEI to cancel a certificate granted either by an authority or the NCMEI under certain circumstances. The NCMEI s powers under Section 11(f) are to be exercised, notwithstanding anything contained in any other law for the time being in force. On the other hand, the competent authority who grants a no objection certificate under Section 10 can only do so subject to the provisions contained in any other law for the time being in force. The power under Section 11(f), read by itself, would clothe the NCMEI with the power to decide any question that may arise with regard to the right to establish and/or administer educational institutions by a minority. The power does not stop there. It also includes the power to declare such institution as a minority educational institution, which is established and administered as such, so that it can avail of the fundamental right guaranteed under Article 30 of the Constitution. Insofar as existing minority institutions are concerned, Section 11(f) clearly confers jurisdiction on the NCMEI to issue a certificate regarding the status of the minority educational institution. Appeal allowed - The order dated 23.10.2007 and the certificate dated 25.10.2007 are declared to be valid in law.

Summary

Issues Involved:
1. Jurisdiction of the National Commission for Minority Educational Institutions (NCMEI) to declare minority status.
2. Validity of the NCMEI's ex-parte order and subsequent minority status certificate.
3. Constitutionality of Statute 1 of the North Bengal University statutes.
4. Legitimacy of the governing body constituted under the University statutes.
5. Applicability and interpretation of Sections 10 and 11(f) of the National Commission for Minority Education Institutions Act, 2004.

Detailed Analysis:

1. Jurisdiction of the NCMEI to Declare Minority Status:

The primary issue revolved around whether the NCMEI had the jurisdiction to declare Cluny Women’s College as a minority educational institution. The court analyzed Sections 10 and 11(f) of the National Commission for Minority Education Institutions Act, 2004. Section 11(f) empowers the NCMEI to decide all questions relating to the status of any institution as a minority educational institution and to declare its status as such. The court concluded that the NCMEI has the power to declare the status of an institution as a minority educational institution at any stage, including post-establishment. This decision was supported by the interpretation that Section 11(f) is a broad provision that includes the power to declare the status of minority educational institutions.

2. Validity of the NCMEI's Ex-Parte Order and Subsequent Minority Status Certificate:

The NCMEI had issued an ex-parte order on 23.10.2007 declaring Cluny Women’s College as a minority educational institution, followed by a certificate on 25.10.2007. The University of North Bengal challenged this, but the court upheld the NCMEI’s decision. The court found that the fundamental right under Article 30 of the Constitution to establish and administer educational institutions cannot be waived, and the NCMEI’s order was valid. The University had accepted the NCMEI’s order dated 5.11.2009, which further validated the minority status certificate.

3. Constitutionality of Statute 1 of the North Bengal University Statutes:

The petitioner-society challenged the constitutionality of Statute 1 of the North Bengal University statutes, arguing that it was ultra vires and unconstitutional. However, the court did not find merit in this argument. The court’s focus remained on the jurisdiction and powers of the NCMEI rather than the constitutionality of the university statutes.

4. Legitimacy of the Governing Body Constituted Under the University Statutes:

The legitimacy of the governing body constituted under the university statutes was contested. The petitioner-society sought to restrain the university-constituted governing body from interfering with the functions of the governing body constituted by the petitioner society. The court found that the new governing body, constituted on the footing that Cluny Women’s College is a minority educational institution, was legitimate. The parallel governing body set up under the university statutes had no standing after the formation of the new governing body.

5. Applicability and Interpretation of Sections 10 and 11(f) of the National Commission for Minority Education Institutions Act, 2004:

The court harmoniously construed Sections 10 and 11(f) of the 2004 Act. Section 10(1) pertains to the grant of a no-objection certificate for establishing a minority educational institution, which must be sought from the competent authority. Section 11(f), on the other hand, empowers the NCMEI to decide all questions relating to the status of an institution as a minority educational institution. The court clarified that while applications for establishing a new minority educational institution must go to the competent authority, the NCMEI has the power to declare the minority status of an institution at any stage post-establishment.

Conclusion:

The appeal was allowed, and the judgment of the Calcutta High Court was set aside. The NCMEI’s order dated 23.10.2007 and the certificate dated 25.10.2007 were declared valid in law. The court upheld the NCMEI’s jurisdiction to declare the minority status of Cluny Women’s College and validated the new governing body constituted by the petitioner society. The interpretation of Sections 10 and 11(f) was clarified, affirming the NCMEI’s broad powers to declare minority status post-establishment.