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Article 30 does not preclude the State from implementing appropriate regulations to make the administration of minority institutions transparent

               New judgement


Article 30 does not preclude the State from implementing appropriate regulations to make the administration of minority institutions transparent
On the day of 29 April 2020 The supreme court of india issued a judgment on the writ petition Christian  Medical college, vellore v. Union of india .
The case is related for the admission and dental courses.The validity of the examination has been retained.  The Supreme Court reiterated the principles governing minority educational institutions under Article 30 of the Constitution of India
Justices Arun Mishra, Vineet Saran and MR Shah said that the right to grant religious and linguistic minorities to educational institutions of their choice is not an "absolute right".  
                 
    What is Article 30 of the indian constitution ?

Article 30 of the indian constitution defines .
            "Right of minorities to establish and administer educational institutions
1) All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.

1[(1A) In making any law providing for the compulsory acquisition of any property of any educational institution established and administered by a minority, referred to in clause 1,the State shall ensure that the amount fixed by or determined under such law for the acquisition of such property is such as would not restrict or abrogate the right guaranteed under that clause.]

(2) 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
Clause 1-A was added in 44th amendment 1978
So Article 30(1)  simply defines that minorities will also self administers but they are not absolute.

Landmark cases which supreme court give the recent  judgment on the basis of this cases.
       T.M.A.pai foundation v.state of karnataka AIR 2003 SC 355

That is very landmark case of article 30 In that case 11 judge of supreme court headed by cheif justice B.N.KRIPAL  held by the majority- The state government and the universities cannot regulate the admission policy of unaided educational institutions run by linguistic and religious minorities but the state government and the universities can specify academic  standards .
So Admission should be on the basis of merit and be conducted in a Transparent manner.
The court decisions can be summarised as follow:
1-RESERVATION-in unpaid  private professional institute  the court held that scheme for reservation of seats is violative of Article ,30 and 19 (1)(g) .
2-FEES STRUCTURE- it was held that every institution is free to device it's own fee structure.The right to establish and administer an institution within the meaning of Article 30(1) of the Constitution includes the right to fix reasonable fee structure.

Another's case
   1- ISLAMIC ACADEMY OF EDUCATION V. STATE OF KARNATAkA AIR 2003 SC 
3724
A 7 judges bench of the supreme court held that the state could fix quota for admissions to these educational institutions but it could not fix fee and admissions could be done on the basis of common admission test and on the basis of merit.
2-P.A IMANDAR V.STATE oF MAHARASHTRA AIR 2005 SC 3236
Reservation in private educational institutions majority or minority violative of article 30 and  article 19(1)(g)
In article 15 clause 5 of the indian constitution which was added in 93rd Amendment 2005the parliament insreted clause 5 in Article 15 with effect from the date on 20-1-2006 to nullify the effects of these three above-mentioned  judgment
    
                       Conclusion
The bench held that NEET didn't infringe any minorities right
The court concluded that  right of article 30 is not violated by provision carved out in section 10 D of the MCI Act and the dentist act and regulations framed by MCI &DCI.

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