Minority institutions panel gets court relief

Minority institutions panel gets court relief

Context

NCMEI has jurisdiction to determine minority status: SC

What has happened?

The Supreme Court on Wednesday held that the National Commission for Minority Educational Institutions (NCMEI) has original jurisdiction to determine which institution should be granted minority status

SC observed

• Constitution granted a fundamental right to all minorities, whether based on religion or language, to establish and administer educational institutions of their choice
• NCMEI Act empowered the Commission “to decide all questions relating to the status of an institution as a minority educational institution and to declare its status as such.”
• The court held that the NCMEI had the power to decide any question that might arise, which relate directly or indirectly, with respect to the status of an institution as a minority educational institution.

At all stages

The Supreme Court held that the NCMEI could declare an establishment as a minority educational institution “at all stages.”

2006 amendments

• Amendments to the NCMEI Act introduced a “sea change” to the Commission’s powers
• The 2006 amendments even conferred powers of appeal against orders of the competent authority to the NCMEI
• A power of cancellation was also vested in the NCMEI to cancel a certificate granted either by an authority or the NCMEI