By M M Special Correspondent
NEW DELHI: In a historical judgement bearing far-reaching impacts on the educational status of minorities in the country 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 and quashed the order of the Calcutta high court, which had said the body had no original jurisdiction on the issue.
A bench of Justices A K Goel and R F Nariman on Wednesday settled the law on the issue in view of contradictory verdicts given by different high courts and said the NCMEI Act empowered the Commission to decide all questions on the status of an institution as a minority educational institution
It said only the Commission has the power to decide on granting a ‘no objection’ certificate to an institution that wanted to convert into a minority institution. The court passed the order on an appeal filed by NCMEI and Kolkata-based society, Sisters of St. Joseph of Cluny, challenging the verdict that set aside the decision of the Commission to confer minority status to Cluny Women’s College.
The HC had held that NCMEI had no original jurisdiction to declare the minority status. Other high courts had also taken contradictory stand on the power of the Commission in granting minority status to educational institutions.
Besides Calcutta HC, Bombay HC and Punjab & Haryana HC have also taken the view that the Commission had no original power to decide on minority status. On the other hand, the Allahabad HC had held that Commission had jurisdiction to decide the issue.
It should be noted the BJP led government at center is against granting minority status to JMI , AMU etc and it has approached the Apex court in this regard.