Azim Premji Foundation moves HC against relaxation of norm for minority status of schools

Azim Premji Foundation on Wednesday moved the High Court of Karnataka complaining that one of the parameters fixed by the State for determining minority institution status of a school deprives the right of minority students as the norm allows educational institutions to admit non-minority students outnumbering students from the respective minority community.

In its PIL petition, the foundation questioned the June 18, 2014, Government Order which states that schools should have 25 per cent of the total student strength from the particular minority community — religious or linguistic — to secure minority status and seek exemption from 25 per cent reservation under the RTE Act.

A Division Bench comprising Chief Justice D.H. Waghela and Justice Ashok B. Hinchigeri issued emergent notices to the Union and State governments while asking them and the foundation to ascertain the parameters fixed in other States in this regard. The foundation sought a direction to invoke an earlier order in which schools were required to admit 75 per cent of their total seats to students belonging to the particular minority community to secure minority institution status.

The foundation contended that the parameter fixed by the State in 2014 violated the Supreme Court’s verdicts. It pointed out that the apex court had allowed only “permissible sprinkling of non-minority students in a minority educational institution as the institution primarily has to cater to the concerned minority community”.

The parameter defeats the purpose of Article 21A (right to free education) and Article 30 (right of minorities) as minority schools neither follow provisions of the RTE nor do they admit students from minority community.

Also, the foundation sought a declaration that all schools recognised as either religious or linguistic minority institutions were bound to follow provisions of the RTE Act related to maintenance of quality of education, providing facilities like drinking water, separate toilets for boys and girls, prohibition of corporal punishment, among others.

Pointing out that minority schools were claiming that the RTE Act in its entirety was not applicable to them, the foundation said the apex court has excluded minority schools from Sections 12 [25 per cent reservation for poor and weaker section children from neighbourhood] and Section 18 [certificate of recognition].