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THE CONSTITUTION OF INDIA ART. 30
Education, accepted as a useful activity, whether for charity or for profit, is an occupation. Nevertheless, it does not cease to be a service to the society. And even though an occupation, it cannot be equated to a trade or a business. In short, education is national wealth essential for the nation’s progress and prosperity. (P.A. Inamdar v State of Maharashtra, AIR 2005 SC 3226 : (2005)6 SCC 537).
A minority institution which do not receive aid from Government enjoys maximum autonomy. (T.M.A. Pai Foundation and Others v State of Karnataka and Others, 2003(1) Kar. L.J. 1 (SC) : AIR 2003 SC 355 : (2002)8 SCC 481).
Minority educational institution must be established and also administered by minority in State. (Dayanand Anglo Vedic (DAV) College Trust and Management Society v State of Maharashtra, AIR 2013 SC 1420 : (2013)4 SCC 14).
Professional unaided minority educational institutions have no power to choose only a small class of students within the general pool. (Indian Medical Association v Union of India, AIR 2011 SC 2365 : (2011)7 SCC 179).
Admission to students to unaided minority educational institutions viz., Schools where scope for merit based selection is practically nil, cannot be regulated by the State or the University (except for providing the qualifications and minimum conditions of eligibility in the interest of academic standards). Right to admit students being an essential facet of right to administer educational institutions of their choice, as contemplated under Article 30 of the Constitution, the State Government or the University may not be entitled to interfere with that right in respect of unaided minority institutions provided however that the admission to the unaided educational institutions is on transparent basis and the merit is the criteria. The right to administer, not being an absolute one, there could be regulatory measures for ensuring educational standards and maintaining excellence thereof and it is more so, in the matter of admissions to under-graduate Colleges and professional institutions. The moment aid is received or taken by a minority educational institutions it would be governed by Article 29(2) and would then not be able to refuse admission on grounds of religion, race, caste, language or any of them. In other words it cannot then give preference to students of its own community. (T.M.A. Pai Foundation and Others v State of Karnataka and Others, 2003(1) Kar. L.J. 1 (SC) : AIR 2003 SC 355 : (2002)8 SCC 481).
A minority institution may have its own procedure and method of admission as well as selection of students, but such procedure must be far and transparent and selection of students in professional and higher educational colleges should be on the basis of merit. The procedure adopted or selection made should not tantamount to mal-administration. Even an unaided minority institution, ought not to ignore merit of the students for admission, while exercising its right to admit students to the colleges aforesaid, as in that event, the
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