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Chandigarh News in Detailed
School established by minority can opt for
School established by minority can opt for minority status anytime

CHANDIGARH-UPHOLDING THE minority status of St Kabir School in Chandigarh, the Punjab and Haryana High Court has held that an institution established by a minority can opt for a minority status subsequently even if it started with a secular character, adding that imparting secular education and admitting students belonging to other communities does not denude it of its minority character.

In the judgement pronounced on Friday, Justice Sudhir Mittal said that it is clear that a minority, whether religious or linguistic, has the right to establish and administer educational institutions of its choice and irrespective of whether it receives aid from the State or not, it is entitled to frame its own policy regulating admission of students.

The minority status granted to the school by the National Commission for Minority Educational Institution (NCMEI) in 2014 was challenged by the UT Administration before the High Court in 2018. The Kabir Educational Society in 2012 had applied for the status contending that the school had been established and is managed by the society which comprises members of the Sikh community and that the school is being run for the benefit of Sikh community members – the school principal in May 2012 told the Commission that 20.1 per cent of its students belonged to the Sikh minority. The 2001 census showing Sikhs as a minority in Chandigarh was also annexed.

The single bench in its order said the explanation given by the Chandigarh Administration in response to the argument regarding delay in challenging the 2014 NCMEI order is not sufficient. “The Chandigarh Administration is equipped with trained Law Officers who are well aware of the nitty gritties of law. Thus, the explanation that delay was caused on account of an initial decision taken to challenge the order dated September 20, 2014 before the Delhi High Court and non-filing of a writ petition before the Delhi High Court by the concerned counsel within time, is nothing but a lame excuse”.

The school also had argued that the Administration itself was issuing Sikh minority community certificates to the students applying for admission in the school against quota of 20 per cent reserved for them.(UPDATED ON 22ND MARCH, 2020)
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