The Karnataka High Court on Wednesday directed the State government to determine within a month the ‘minority status’ of educational institutions as per the directive declared by the apex court.
Also, the court directed the State not to force institutions, which were claiming minority status and had moved the High Court seeking a declaration, to admit 25 per cent students under the RTE Act before determining their minority status.
Justice Anand Byrareddy passed the order while disposing of petitions filed by some private unaided minority educational institutions, which complained that the State was not considering their plea for minority status.
The court passed the order after Advocate-General Ravivarma Kumar said that the State government would consider within a month their plea for minority status in accordance with the law laid down by the apex court and not as per the government-fixed norms, which were challenged by the institutions before the High Court.
Though Mr. Kumar said the government could not be prevented from enforcing the RTE Act on these institutions till their minority tag was determined, the court made it clear that the government could not compel them to admit 25 per cent students under the RTE quota as the apex court had excluded minority educational institutions from its ambit.
However, the court made it clear that it had left open the legal question raised by the petitioners that the State government had no right to determine the minority status, as such a right was vested with the Union government.