Calcutta HC: Minority Schools Exempt from State Commission Certificates

Rapid Summary

• The Calcutta High Court ruled that schools listed as minority institutions retain their status without needing certificates from the West Bengal Minorities Commission.
• Chief Justice T S Sivagnanam stated, “Once a minority, always a minority,” dismissing a 2019 public interest litigation challenging the minority status of certain schools.
• The court cited Supreme Court judgments supporting this interpretation under Article 30(1) of the Constitution.
• Rule 33, which allowed schools to apply for a certificate, was omitted in 2008 and does not affect these rights.
• The respondent schools have been administered since the 1800s and were recognized long before the state commission’s existence.

Indian Opinion Analysis

The ruling by the Calcutta High Court reinforces constitutional protections for minority educational institutions under Article 30(1).By affirming that these institutions do not require renewed certification from state bodies to maintain their status, it ensures consistency with established Supreme Court interpretations. This decision could simplify administrative processes for longstanding educational entities like those operated by the West Bengal Association of Christian Schools. However, it also highlights ongoing debates about regulatory oversight versus constitutional rights. For policymakers and educational stakeholders in India, maintaining clarity on such legal precedents is crucial as they navigate between upholding minorities’ rights and ensuring systemic accountability.Read More

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