Madras HC: Minority panel’s move to seek data from institutions stayed
The Madras High Court has stayed the proceedings initiated by the State Minorities Commission (SMC) directing minority institutions like Loyola College, Madras Christian College and New College to furnish details of the admissions in a bid to verify whether 50 per cent of the seats are filled by students from minority community.
By : migrator
Update: 2018-11-10 18:48 GMT
Chennai
Justice S S Sundar, said “It’s clear the institutions will not deny admission to any eligible candidate belonging to the minority community. Hence there shall be an order of interim stay.”
However, Justice Sundar on recording the submission of the Senior Counsel Isaac Mahanlal appearing for the colleges that it is practically impossible to admit 50 per cent of the students belonging to minority community in such institutions, ordered notice to the Secretary, Department of Higher Education and the Director of Collegiate Education, returnable within two weeks.
Loyola College in its plea had submitted that although the college is a Minority Educational Institution (MEI), admission is not denied to anyone on the ground of religion, caste or creed since denial of admission to any candidate on such a ground would violate the right of students to get education.
But, SMC in a letter on October 16, on stating that the intention of MEI is to uplift the educationally backward minorities, but admission of non-minority students is not peripheral but large in number sought for details of students admitted during the past three academic years.
Also, noting that SMCs instance that minority colleges should fill a minimum of 50 per cent of seats only with minority candidates is not contemplated under the statutes, Loyola College submitted that under right of administration guaranteed to the minorities, SMC lacks authority to impose such conditions abrogating the said fundamental right.
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