Aditya Marwah
in Labour Law
Asked September 18, 2013

grounds for being a religious minority institution

  • 1 Answer
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Can an educational institution call itself a religious minority institution, even if it does not impart any religious values and instead imparts secular education to its students? Is this institution d an atheist institution and does it have any rights under Article 25, 26, 29 & 30 of the Constitution of India to be declared as a religious minority institution? Kindly give recent Supreme Court judgments in support of the answer.

Answer 1

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Anupriya

Article 30(1) states that - All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice. Thus, the two rights which this article provides includes the right to establish and the right to administer educational institutions of their own choice.

Thus a religious minority institution can impart general secular education and it is not compulsory for these institution to confine their teaching only to a particular area of minority language, religious values etc. However, to be treated as a minority religious institution it needs to show that it set out or promotes in some manner the interest of its minority community by promoting its religious philosophy , language etc. It will continue to be a religious minority institution and not an atheist institution if it will impart secular education to its students provided that it should promote the interest of its minority religious community.

Refer the cases

1.T.M.A. Pai Foundation vs. State of Karnataka (2002) 8 SCC 481

 

2.  Ahmedabad St. Xaviers College v. State of Gujarat ,26 April, 1974.

Agree Comment 0 Agrees almost 4 years ago

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