SC rules NCMEI has jurisdiction to determine minority status

News :-

• Supreme Court on Wednesday held that the National Commission for Minority Educational Institutions (NCMEI) has original jurisdiction to determine which institution should be granted minority status.

Supreme Court Judgement :-

• A Bench of Justice A.K. Goel said the Constitution 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.
• Justice Nariman, who authored the judgement, said the NCMEI Act empowered the Commission “to decide all questions relating to the status of an institution as a minority educational institution and to declare its status as such.” Section 11(f) would include the declaration of the status of an institution as a minority educational institution at all stages.
• 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.

At all stages :- The Supreme Court held that the NCMEI could declare an establishment as a minority educational institution “at all stages.”

Justice Nariman said the 2006 amendments to the NCMEI Act introduced a “sea change” to the Commission’s powers.

• 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.