Calcutta High Court Ruling: Minority Schools Retain Status Without Renewal Certificates
KOLKATA: The Calcutta High Court has delivered a significant ruling that reinforces the status of minority institutions. According to a recent decision, schools recognized as minority institutions will retain this status regardless of whether they obtain a minority certificate from the West Bengal Minorities Commission.
Key Insights from the Ruling
Chief Justice T S Sivagnanam emphasized, “Once a minority, always a minority,” while dismissing a public interest litigation that contended that schools operated by the West Bengal Association of Christian Schools could not continue to claim minority status due to a lack of renewal applications. The Chief Justice cited a landmark 1988 Supreme Court judgment, affirming that a school recognized as a minority institution retains that status indefinitely.
Legal Context and Implications
The court highlighted that the omission of Rule 33 of the Management Rules-1969 in 2008 does not affect the rights of minority-run schools. Special provisions for minority institutions stem from Articles 26 and 30 of the Constitution, which protect their rights and governance.
Historical Significance of Minority Schools
The respondent schools argued that these Christian institutions have been operational since 1800, well before the establishment of the West Bengal Minorities Commission. This historical context further solidifies their claim to minority status.
Concerns Over the Petitioner’s Intentions
The bench, which included Justice Chaitali Chatterjee, expressed skepticism about the bona fides of the petitioner, a social worker involved in education for underprivileged communities. This raises questions about the motives behind the litigation, suggesting a possible misunderstanding of legal precedents surrounding minority rights.
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