Article 30(1) of the Constitution of India gives linguistic and religious minorities a fundamental right to establish and administer educational institutions of their choice. These rights are protected by a prohibition against their violation. The prohibition is contained in Article 13 of the Constitution which declares that any law in breach of the fundamental rights would be void to the extent of such violation.
It is well-settled that Article 30(1) can not be read in a narrow and pedantic sense and being a fundamental right, it should be given its widest amplitude. The width of Article 30(1) cannot be cut down by introducing in it considerations which are destructive to the substance of the right enshrined therein. The National Commission for Minority Educational Institutions Act (for short the ‘Act’) has been enacted to safeguard the educational rights of the minorities enshrined in Article 30(1) of the Constitution.
“Minority Educational Institution” means a college or institution (other than a University) established or maintained by a person or group of persons from amongst the minorities”
Read the full guideline for determining the minority status, recognition, affiliation and related matters in respect of Minority Educational Institutions under the Constitution of India.