Journalism of Courage
In order to enjoy minority status,an institution not only requires to be set up by people from minority categories in a state but also administered by them,the Supreme Court has ruled. Making it clear that concession under Article 30 is not absolute but subject to restrictions,a Bench of Justices S S Nijjar and M Y Eqbal said that members of a linguistic minority in one state cannot continue running a trust while staying in another state where they are not a minority community.
In order to claim minority/ linguistic status for an institution in any state,the authorities must be satisfied firstly that the institution has been established by persons who are minority in such a state; and,secondly,right of administration of the said minority/ linguistic institution is also vested in those persons who are minority in state, said the Bench.
The state government and universities,the Bench noted,can issue directions from time to time for the maintenance of standard and excellence of such institutions. The court held so while dismissing a petition by DAV College Trust and Management Society,started in 1885,against a Bombay High Court judgment. The HC had in 2010 declined to interfere with the Maharashtra governments decision to withdraw recognition granted on the basis of linguistic minority status after observing that large number of society members were residing in Delhi and not in Maharashtra. Terming as justified the HCs views,the SC said: 8230; the appellant Trust/ Society is registered at Delhi, majority of trustees reside at Delhi8230; therefore,these persons cannot be treated as minority in Maharashtra8230; cannot claim the protection of linguistic minority in the state8230;
