The Hindu : SC Bench to go into meaning of `educational rights'

Online edition of India's National Newspaper
Friday, Apr 12, 2002

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SC Bench to go into meaning of `educational rights'

By Our Legal Correspondent

NEW DELHI April 11. A 11-Judge Constitution Bench of the Supreme Court, which has re-framed questions to include `majority' rights while hearing petitions on the scope of the rights of `minorities', has also decided to go into the meaning of the expression ``education'' and ``educational rights'' under the Constitution and to what extent the right to education could exceed.

At the instance of Mr. Venugopal, counsel for Tamil Nadu, it was decided to examine as ``to what extent can professional education be treated as a matter coming under minorities rights under Article 30''. It was Mr. Venugopal's contention that the right under Article 30 (1) would not apply to super specialities and in the same way this right would not flow to the minorities in the admission and selection of students to professional colleges. (He will elaborate his submissions later.)

One of the counsel for the petitioners, Kapil Sibal, argued that there must be absolute autonomy to the institutions in admission and administration. He found fault with the scheme framed by the apex court earlier in the `Unnikrishnan case' and said it was only Parliament which could frame any law putting reasonable restrictions.

He said educational institutions the world over had their own procedure of admission and holding examinations and grading system and there should not be any interference by the State.

The other questions re-framed by the Bench include: what is the meaning and content of the expressions ``minorities'' and ``religion'' under Article 30 and 30 (1); can the followers of a sect or denomination of a particular religion claim protection on the basis that they constitute a minority in the State though the followers of that religion are in majority in that State; whether admission of students to minority educational institution, aided or unaided, can be regulated by the State Government or by the university; whether minority institutions' right of admission of students and to lay down procedure and method of admission, if any, would be affected in any way by the receipt of State aid; whether statutory provisions to regulate the various facets of administration would amount to interference with the right of administration of minorities and whether the member of a linguistic non-minority in one State can establish a trust/society in another State and claim minority status in that State.

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