Whether National Commission for Scheduled Castes (NCSC) can enforce the implementation of constitutional reservation for the Scheduled Castes in the religious minority institutions?. (UPSC IAS Mains 2018 General Studies Paper – 2)
The National Commission for Scheduled Castes (NCSC) is a constitutional body in India. It was set up by Article 338 of the Constitution to protect Scheduled Castes from being exploited and to promote and protect their social, educational, economic, and cultural interests. It is a group that gives advice and makes suggestions to help the scheduled castes improve their lives as a whole.
Article 30 of the National Commission for Minority Educational Institution Act of 2004 says that a "minority" is a group of people based on their religion. A "minority institution" is an educational institution that is run and set up by the minority.
- Minorities have the right to set up and run their own schools: All minorities should have the right to set up and run their own schools the way they want.
- If the government wants to buy the property of a minority educational institution, it should keep in mind that the fixed price should not hurt the rights of minorities.
- The state shall not treat any educational institution differently because it is run by a minority, whether that minority is based on religion or language.
Minority Institutions Can Get Benefits:
- Other educational institutions are required to keep a reservation for SCs, STs, and OBCs in jobs and admissions, but minority educational institutions are not.
- When it comes to controlling who gets elected, minority educational institutions have a lot more power than other For example, a minority educational institution can choose teachers and principals with the help of an advisory group that doesn''t include university representatives. So, while the headmaster of a traditional school is usually chosen based on seniority, minority administrations can choose a headmaster however they want.
- Minority-run schools can set aside up to 50% of their spots for students from their own group if they want to admit a student.
The Supreme Court said in the case of Inamdar vs. State of Maharashtra:
- A minority institution can''t use the policy of putting students on a waiting list. The policy of setting aside jobs for people from certain groups doesn''t apply to a minority institution.
- In light of recent calls for Dalit quotas in minority-run schools like AMU and Jamia Millia Islamia in Delhi, the issue of reservations in schools run by religious minorities has come up again.
The idea of making it a fundamental right in the constitution to protect the educational rights of minorities is not unfair to the wealthy classes, but it does give minorities a sense of security against what they see as a threat from the majority. This "right" works well for the Jains, who are a minority group with the highest literacy rate and where most of the people are educated. So, the next step would be to make a clear list of religious minority institutions that want help or recognition from the state. This would prevent overlapping regulatory powers for that particular institution, which would be good for the health and growth of both minorities and other communities. This is especially important in a majority-ruled country like India, which is a place where people from many different backgrounds live together.
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