Minority status: Govt. asked to evolve comprehensive plan

By Our Legal Correspondent

HYDERABAD, SEPT. 26. Mr. Justice B. Sudershan Reddy of the A. P. High Court has upheld the decision of the State Government not to issue `minority status' certificates to educational institutions without proper scrutiny of the antecedents of the persons behind them.

The court was dismissing a batch of writ petitions filed by various colleges challenging the decision of the State Government not to issue minority status certificates immediately though the process of admissions into engineering colleges had already commenced.

The judge dwelt at length on Wednesday the procedure and the scheme under which a college can be given minority status and directed the State Government to evolve a more comprehensive scheme to see that `mask phantoms' were weeded out after piercing the minority veil.

It may be recalled that 57 new engineering colleges were permitted by the State Government for the academic year 2001-2002 with effect from August 2001. Of these, 22 colleges claimed minority status. If a college is recognised as a minority institution, the management will have the discretion to fill half of the seats with students from minority community without reference to the convener who allots students to various colleges.

The Government decided to `scrutinise, screen and analyse' all applications and then issue certificate. The colleges approached the High Court and complained that the authorities were withholding the issuance of minority status certificates.

Mr. Justice Reddy in a 41-page judgment delved upon the statutory provisions and the rules in this regard and declared that ``not every educational institution established by an educational agency and management consisting of minorities is eligible for recognition as minority educational institution. It is necessary to hold that no educational institution, for whatever purpose, may be considered as minority educational institution unless a certificate is issued according recognition in Form-II.''

Dealing with contentions of some petitioners that as some of the institutions established by one agency were recognised as minority institutions the present institution set up by the same agency had the status of minority institution, the judge said: ``No educational agency can by itself treat an educational institution set up by it as a minority educational institution and then proceed to make admissions.'' It was made clear that recognition and grant of certificate was not a matter of course. The claim of an educational institution as minority educational institution cannot be accepted without minute scrutiny and proof of the establishment of such institute by minorities. ``Mere claim is not enough,'' said Justice Reddy.

The Judge took note of the prevailing situation in the State, and said that the recognition as a minority educational institution should be granted only to those of minorities in truth and reality and not mere `mask phantoms.' The judge emphasised that ``the space meant for minorities cannot be permitted to be usurped by other masqueraders as minorities. Hasty decisions and award of certificates will create chaos.''

Mr. Justice Sudershan Reddy came down heavily upon the officers of the Government who, he felt, indulged in issuing ad hoc memos and instructions. When the petitioners showed a GO 23 dated 10-3- 1999, which directed the issuance of minority certificate within 30 days of making an application, the court wondered how such GOs in violation of the scheme and procedure could be issued.

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Section  : Southern States
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