Lekshmi, G.R; Dr.V.S.Sebastian(Cochin University of Science and Technology, August 8, 2015)
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Abstract:
This Study pertains to the law relating to admission in minority educational
institutions in India. This is an area which needs certainty. Every year, admissions
to various institutions are challenged. The future of umpteen number of students
are at stake. Only when clarity with regard to the nature of the rights and conditions
to be fulfilled to get the rights are made, conflicts can be prevented. Awareness in
this area has to be developed. Considering the peculiar nature of rights provided
under Article 30 to the minorities, there is an argument that Article 30 is absolute
in nature and restrictions on this right can be only in the interests of the minorities.
But there is also a counter argument that minority rights are not absolute and that
all rights are absolute only to the extent of their logical extreme. Thus reasonable
restrictions can be placed over Article 30. The Legal framework is not
comprehensive and conflicting judicial responses add to the dilemma. Legal frame
work has pitfalls which creates confusions. Though there are decisions by the
highest court of the land regarding admission rights, various parts of the decisions
are quoted in isolation by interested parties to assert their sides. Many States try to
frame legislations regulating admissions inspired by the judicial pronouncements,
which are later declared as violative of minority rights and held unconstitutional.
This state of affairs has prompted me to select this area as the subject for study.
Study is an analysis for a better regime of law relating to admissions in minority
educational institutions in India balancing the interests of various stakeholders viz.
minority and non minority educational institutions, both professional and
elementary, students, parents and the State.