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In PA Inamdar Vs. State of Maharashtra’s case (2005) 6 SCC 537, the following observations made in the case of T.M.A. Pai Foundation Vs. State of Karnataka (2002) 8 SCC 481 have been applied to religious minority: 

“……..If so, such an institution is under an obligation to admit the bulk of the students fitting into the description of the minority community. Therefore the students of that group residing in the State in which the institution is located have to be necessarily admitted in a larger measure because they constitute the linguistic minority group as far as that State is concerned. In other words the pre-dominance of linguistic minority students hailing from the State in which the minority educational institution, is established should be present. The Management bodies of such institutions cannot resort to the device of admitting the linguistic students of the adjoining states in which they are in a majority, under the facade of the protection given under Article 30(1)”. 

According to their Lordships, “if any other view was to be taken the very objective of conferring the preferential right of admission by harmoniously construing Article 30(1) and 29(2) may be distorted”. It was further observed in Inamdar’s case that “it necessarily follows from the law laid down in T.M.A Pai Foundation that to establish a minority institution the institution must primarily cater to the requirements of that minority of that State else its character of minority institution is lost. However, to borrow the words of Chief Justice S.R. Dass in Kerala Education Bill, “a sprinkling of that majority from the other States on the same footing as a sprinkling 8 of non minority students would be permissible and would not deprive the institution of its essential character of being a minority institution, determined by reference to that State as a unit”.

Keeping in view the said preposition of law, the Commission insists that the Memorandum of Association (MOA) of the Society or Trust Deed should clearly indicate that the object of the society/trust is “to establish and administer educational institutions primarily for the benefits of the Muslim/Sikh/Christian/Bodh/Parsis/Jain (as the case may be) community and also the society at large”. 

While making application to the Commission, it may be ensured that the MOA/Trust Deed clearly indicate above objects.


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