Why in News?
The Supreme Court held that the National Commission for Minority Educational Institutions (NCMEI) has original jurisdiction to determine which institution should be granted minority status.
FACTS FOR PRELIMS
Highlights of the Judgement
The Constitution has granted a fundamental right to all minorities, whether based on religion or language, to establish and administer educational institutions of their choice.
The wide power given to an independent forum like the NCMEI to declare an institution as a minority educational institution furthered the fundamental right guaranteed under Article 30.
The court held that the NCMEI had the power to decide any question that might arise, which relate directly or indirectly, with respect to the status of an institution as a minority educational institution.
The 2006 amendments even conferred powers of appeal against orders of the competent authority to the NCMEI. A power of cancellation was also vested in the NCMEI to cancel a certificate granted either by an authority or the NCMEI.
National Commission for Minority Educational Institutions (NCMEI) Act
It was established through the promulgation of an Ordinance in 2004. The Ordinance was replaced by the National Commission for Minority Educational Institutions Act, which was notified in 2005.
The Act provided for constitution of the Commission and its key objective is to ensure that the true amplitude of the educational rights enshrined in Article 30(1) of the Constitution is made available to the members of the notified religious minority communities.