Category: Article 29- 30 Cultural and Educational Rights

ISSUE:

Whether there exists a fundamental right to set up educational institutions and if so, under which provision?

To what extent government may impose regulations upon private institutions?

What is to be the unit to determine the existence of a religious or linguistic minority in relation to Article 30?

RULE:

All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.

The state shall not, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language.

ISSUE:

To what extent can professional education be treated as a matter coming under minorities’ rights under Article 30?

Whether the admission of students to minority educational institution, whether aided or unaided, can be regulated by the State Government or by the university to which the institution is affiliated?

Is there a fundamental right to set up educational institutions?

In case of private institutions, can there be government regulations and, if so, to what extent?

RULE:

All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice

The state shall not, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language.