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Admin · Guru

Minority institution must admit 50% seats for respective minority - circular scrapped

Admin · Guru

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Admin · Guru

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Admin · Guru

சென்னை: சிறுபான்மைக் கல்லூரிகளில் 50 சதவீத மாணவர்கள் சிறுபான்மையினராக இருக்க வேண்டும் என்று வரையறை நிர்ணயம் செய்யும் மாநில சிறுபான்மை ஆணையத்தின் நடவடிக்கைக்கு சென்னை உயர் நீதிமன்றம் இடைக்காலத் தடை விதித்துள்ளது. சென்னை உயர் நீதிமன்றத்தில் லயோலா, ஸ்டெல்லா மேரிஸ், பெண்கள் கிறிஸ்தவ கல்லூரி ஆகிய கல்லூரிகளின் முதல்வர்கள் தாக்கல் செய்துள்ள மனுக்களில், “ சிறுபான்மையினர் கல்லூரிகளான எங்கள் கல்லூரிகளைப்போல் தமிழகம் முழுவதும் ஏராளமான கல்லூரிகள் உள்ளன. இந்த கல்லூரிகளுக்கு உச்ச நீதிமன்றம் கடந்த 1998ல் டிஎம்ஏ பாஸ் பவுன்டேசன் வழக்கின் தீர்ப்பின் அடிப்படையில் சிறுபான்மை கல்வி நிறுவனங்கள் எந்த அந்தஸ்து வழங்கப்பட்டுள்ளது.

உச்ச நீதிமன்றத்தின் தீர்ப்பின் அடிப்படையில் சிறுபான்மை அந்தஸ்து வழங்க கடந்த 1998 ஜூன் 17ல் தமிழக அரசு சில வழிகாட்டுதல்களை உருவாக்கியது. அதில் சிறுபான்மை கல்வி நிறுவனங்கள் தங்களுக்கு ஒதுக்கப்பட்ட மாணவர் சேர்க்கையில் 50 சதவீதத்திற்கு மிகாமல் சிறுபான்மையினருக்கு இடம் தரவேண்டும். அதை நிரப்ப முடியவில்லை என்றால் பொதுவான மாணவர்களுக்கு தகுதியின் அடிப்படையில் சேர்க்கை தரவேண்டும் என்று கூறப்பட்டிருந்தது. எங்கள் கல்லூரிகள் சிறுபான்மையினருக்கு மட்டுமல்லாமல் தகுதியுள்ள அனைத்து பிரிவினருக்கும் சேர்க்கைகளை வழங்கி வருகிறது. இந்நிலையில், எங்கள் கல்லூரிகளுக்குத் தரப்பட்ட சிறுபான்மை அந்தஸ்து 2007 முதல் 2012 வரை அதாவது 5 ஆண்டுகளுக்கு மட்டுமே என்று 2009 அக்டோபர் 8ம் தேதி தமிழக உயர் கல்வித்துறை ஒரு அரசாணையைப் பிறப்பித்தது.

இது அரசியலமைப்புக்கு எதிரானது என்றும் இந்த அரசாணையை ரத்து செய்ய வேண்டும் எனக்கோரி உயர் நீதிமன்றத்தில் வழக்கு தொடரப்பட்டது. வழக்கை விசாரித்த உயர் நீதிமன்றம் அரசாணைக்குத் தடை விதித்தது. இதை எதிர்த்து தமிழக அரசு தொடர்ந்த மேல்முறையீடும் தள்ளுபடியானது. இந்நிலையில், கடந்த அக்டோபர் 16ம்தேதி தமிழ்நாடு சிறுபான்மை ஆணையம் எங்களுக்கு ஒரு உத்தரவை பிறப்பித்தது. அதில் 2017 முதல் 2019ம் கல்வியாண்டுகளின் மாணவர் சேர்க்கை விவரங்களைக் கேட்டுள்ளது. எங்களை நேரில் ஆஜராகி விளக்கமளிக்க வேண்டும் என்று கூறப்பட்டுள்ளது. அதுமட்டுமல்லாமல், 50 சதவீத சேர்க்கை சிறுபான்மையின மாணவர்களுக்கு மட்டுமே தரவேண்டும் என்றும் அந்த கடிதத்தில் கட்டாயப்படுத்தப்பட்டுள்ளது.

இது விதிமுறைகளுக்கும், சிறுபான்மையினரின் நலனுக்கும் முரணானது. எனவே, சிறுபான்மை ஆணையத்தின் இந்த நடவடிக்கைக்குத் தடை விதிக்க வேண்டும். இவ்வாறு மனுவில் கூறப்பட்டுள்ளது. இந்த மனு நீதிபதி எஸ்.எஸ்.சுந்தர் முன்னிலையில் விசாரணைக்கு வந்தது. மனுதாரர் சார்பில் மூத்த வக்கீல் ஐசக் மோகன்லால் ஆஜரானார். வழக்கை விசாரித்த நீதிபதி, தமிழக சிறுபான்மை ஆணையத்தின் நடவடிக்கைக்கு இடைக்காலத் தடை விதித்து உத்தரவிட்டார். மேலும், இந்த வழக்கில் அரசுத் தரப்பில் 2 வாரங்களில் பதில் தருமாறும் நீதிபதி நோட்டீஸ் அனுப்ப உத்தரவிட்டார்.

http://www.dinakaran.com/News_Detail.asp?Nid=449247

Admin · Guru

Minority tag of 17 schools questioned

Tanu Kulkarni

BANGALORE:, APRIL 27, 2014 23:19 IST

They are claiming minority status without valid certification

Seventeen private schools in Bangalore that claim to be minority institutions though they do not figure on the list of minority schools will be in the soup with the Department of Public Instruction threatening to cancel their No-Objection Certificate (NOC) that is needed to continue their affiliation with the State or Central boards for school education.

The minority unaided schools are exempted from providing 25 per cent seats under the RTE quota for children from the “weaker sections and disadvantaged backgrounds”.

Padmavathi, Deputy Director of Public Instruction (DDPI), Bangalore South, said that even though a notice had been issued to the 17 schools, most of them had not responded. The few, which had responded, had refused admission under the RTE quota and dared the government to take action against them.

Panel to probe issue

A three-member committee comprising an educationist, representative from civil society and a government representative would soon be formed to probe into the issue of minority status claimed by the said schools and recommend for withdrawal of the NOC to the respective DDPI. “As most of these schools offer CBSE and ICSE syllabus, we have the authority to cancel the NOC. For State board schools, we will withdraw affiliation as per Section 12 of the RTE rules framed by the State government.”

These schools will not be able to function without the affiliation of either of the boards, the official added.

While only the Commission headed by the Commissioner of Public Instruction (CPI) can provide religious and linguistic minority status to schools, the National Commission for Minority Educational Institutions is empowered to decide disputes related to religious minority schools as appellate authority and pass orders on the issue of minority tag.

However, Commissioner for Public Instruction Mohammed Mohsin, said several schools were claiming minority status after obtaining certificates from various associations.

“One school in Anekal even claims to be a minority school based on the certificate issued by the village accountant. However we have made it clear that schools can be called minority schools only if they get a certificate from the two Commissions concerned. Other certificates are invalid,” he added.

Rajesh Kumar, a resident near Betadaspura, who applied for a seat at a private school for his son in LKG, said: “Initially I rejoiced that my son got a seat in such a prestigious school, but my happiness was short-lived as the school has now refused to give him a seat. Most private schools have completed their admissions and my child might have to waste one year.”

Admin · Guru

Minority educational institutions must follow labour laws: HC

Agencies , Agencies : Madurai, Mon Nov 14 2011, 15:52 hrs

http://archive.indianexpress.com/news/minority-educational-institutions-must-follow-labour-laws-hc/875633/?fbclid=IwAR13KLkMxCz4qRkc4xxUuOFyCG20klbcIgdCGluJVlH20mWPd3z9ijwVC_Q

The Madras High Court Bench here has ruled that minority educational institutions are not exempt from implementing labour laws and are bound to follow them.

The ruling was given by Justice K Chandru while allowing a writ petition filed by the management of Manal Madha Higher Secondary school in Tuticorin district against the award passed by the Tirunelveli labour court, directing the school to reinstate an employee who had been denied work since 1992. Justice Chandru also advised the labour court, which gave its direction in 2004, not to give "ambiguous orders" without giving reasons and discussing merits before passing an order in favour or against a litigant.

Even if a party failed to appear before the court, it was bound to give reasons, he said. The award was passed following an industrial dispute raised by an attender of the school who was denied work from Aug 13, 1992.

The labour court ordered to reinstate the attender without discussing the merits of the case. The school submitted that the provisions of the Industrial Disputes Act (IDA) would not apply to the minority educational institutions, and educational institutions would not come under the term "Industry". Rejecting the school's argument on both grounds, Justice Chandru said even minority institutes are bound to implement labour laws.

The Amendment to the term "Industry" under section 2(j) of the IDA, excluding the educational institutions from the purview of legislation was yet to be notified by the Centre, he said.

The judge remitted the matter back to the labour court for considering afresh on conditions that school management should pay arrears of subsistence allowance to the employee at the rate of Rs 1,310 per month from Jul 2010, and continue to pay the allowance for the next six months.

"If the said payment is not done within four weeks and a cost memo not filed before the labour court, the industrial dispute award passed on July 2 would stand revived without reference to this court," he said.

Admin · Guru

State cannot compel minority institutions to implement quota: Supreme Court

Legal Correspondent

NEW DELHI, JULY 16, 2010 02:05 IST

https://www.thehindu.com/news/national/State-cannot-compel-minority-institutions-to-implement-quota-Supreme-Court/article16197708.ece?fbclid=IwAR16A-MwzGtrU01LTH696PP2cH8ETMOGGauHd0c-X9ojQpIfxSdPFbcP5iQ

The Supreme Court has held that the rights of religious or linguistic aided minority institutions in the administration of the institutions were absolute and, the State could not compel them to implement its reservation policy.

A Bench of Justices B.S. Chauhan and Swatanter Kumar said: “Minority institutions have some kind of autonomy in their administration. This would entail the right to administer effectively and to manage and conduct the affairs of the institution.”

Writing the judgment, Mr. Justice Swatanter Kumar said: “The State might not be well within its constitutional duty to compel minority institutions to accept a policy decision, enforcement of which would infringe their fundamental right and/or protection.”

The Bench said: “A linguistic minority institution [as in the present case] is entitled to the protection and right of equality enshrined in the provisions of the Constitution. The power is vested in the State to frame regulations … to ensure better organisation and development of school education and matters incidental thereto. Such power must operate within its limitation while ensuring that it does not in any way dilute or impair the basic character of linguistic minority.”

The Bench said: “To frame policy is the domain of the government. If, as a matter of policy, the government has decided to implement the reservation policy for uplift of the socially or otherwise backward classes, essentially it must do so within the framework of the Constitution and the laws.”

The Bench said: “A minority institution may have its own procedure and method of admission as well as the selection of students, but it has to be fair and transparent method. The State has the power to frame regulations, which are reasonable and do not impinge upon the basic character of the minority institutions. To provide for and enforce any regulation which will practically defeat this purpose would have to be avoided.”

The Bench felt that it would not be permissible to infringe the constitutional protection in exercise of State policy or by a subordinate legislation to frame such rules, which would impinge upon the character or in any way substantially dilute the right of the minority to administer and manage the affairs of its school.

In the instant case, Sindhi Education Society, running a linguistic minority school in Delhi, was aggrieved by a provision in the Delhi School Education Rules to give an undertaking to provide for reservation in the appointment of teachers to become eligible for grant-in-aid from the government.

Both a single judge and a Division Bench of the Delhi High Court upheld the rules. The present appeal by the society is directed against this judgment.

Allowing the appeal, the Bench said: “Every linguistic minority institution may have its own socio, economic and cultural limitations. It has a constitutional right to conserve such culture and language. Thus, it would have a right to choose teachers who possess the eligibility and qualifications, as provided, without really being impressed by the fact of their religion and community. Its own limitations may not permit, for cultural, economic or other good reasons, to induct teachers from a particular class or community. A linguistic minority is entitled to conserve its language and culture by a constitutional mandate.”

Holding that the impugned rule could not be enforced against the appellant institution, the Bench said the purpose of grant-in-aid could not be so construed as to destroy, impair or even dilute the very character of the linguistic minority institutions. The minority has an inbuilt right to appoint persons, which in its opinion are better culturally and linguistically compatible to the institution.

Admin · Guru

Salaries of nuns, priests working in schools liable to tax: Madras HC

Surabhi Mumbai | Updated on March 22, 2019 Published on March 22, 2019

https://www.thehindubusinessline.com/news/national/salaries-of-nuns-priests-working-in-schools-liable-to-tax-madras-hc/article26612275.ece?fbclid=IwAR1usGmPdT0TYM7eslqetE8uYJHsoVrz3RIPn_wphuMrVpZ34WVmhE3riXM

Madras HC

Says provisions of the I-T Act are areligious and apolitical in nature

In a significant ruling, the Madras High Court has held that the provisions of the Income-Tax Law are apolitical and areligious in character, and salaries and grants-in-aid to nuns and missionaries are liable to attract tax deducted at source (TDS).

“In our opinion, the provisions of Income-Tax law are dry, plain and simple, apolitical and areligious in character,” said the two-judge bench of the Madras High Court, in a recent order on a writ appeal filed by the Union of India and the Income-Tax Department against the Society of Mary Immaculate and the State’s Directors of Treasuries and Accounts, School Education and Elementary Education.

The bench, comprising Justices Vineet Kothari and CV Karthikeyan, also set aside a previous 2016 ruling by a Single Judge of the Madras High Court on a writ petition by the Institute of the Fransican Missionaries of Mary against the Union of India and others, which had allowed the writ petitions, and had said TDS was not applicable on salaries and other benefits given to nuns and priests working in teaching institutions.

“In our opinion, with great respect, the learned Single Judge has taken an impermissible route of Canon Law to interpret the provisions of Income-Tax law and holding such tax law to be of secondary importance, vis-a-vis the Canon Law applicable to individual teachers belonging to the class of nuns, missionaries or sisters,” the High Court held, adding that this judgment would be applied prospectively and not for the past period.

Christian religious institutions run and control a large number of educational institutions, convents and schools in Tamil Nadu. It was contended that nuns, sisters, and priests who teach in these schools that receive grants-in-aid from the State government to the extent of their full salary cannot be taxed as they are bound by the Canon Law for their vows of poverty and have suffered a civil death and renounced the world. The receipt of salary in their hands entirely belongs to the institution, church or the religion.

The Madras HC also held that there is no iota of doubt that the provisions of the Sections 15 and 192 of the Act have nothing to do with religion or any other special status of the person receiving the income described to be salary by the payer of the same.

‘No diversion of income’

Further, referring to the old circulars, it said there was no diversion of income by overriding title, and once it is paid by the State to teachers, it might have paid or made over to the church or diocese or institution run by them.

Tax experts said the ruling is important as it gives primacy to the Income-Tax Act. “The ruling involves interpretation of an exceptional and interesting issue dealing with ascertainment of character of not only a provision but the Income-Tax law. The court gave emphasis to the rules of liberal interpretation for deciding that mechanics under Section 192 and chargeability under Section 15 does not give reference to the religion, caste, colour or creed of the recipient of the salary,” said Rakesh Nangia, Managing Partner, Nangia Advisors (Andersen Global).

Admin · Guru

RTE Act not applicable to minority schools, rules Supreme Court

Though Right to Education Act is constitutionally valid, such schools can't be obligated to reserve 25 per cent seats for students from socially and economically weaker sections, rules SC.

IndiaToday.in

New Delhi
May 7, 2014
UPDATED: May 7, 2014 16:00 IST

SC on RTE Act

The Right to Education (RTE) Act will not be applicable to aided or unaided minority schools, the Supreme Court ruled on Tuesday. Though RTE Act is constitutionally valid, such schools cannot be obligated to reserve 25 per cent seats for students from socially and economically weaker sections of the society, the apex court said in its order.

The constitution bench of Chief Justice R.M.Lodha, Justice A.K.Patnaik, Justice Sudhansu Jyoti Mukhopadhaya, Justice Dipak Misra and Justice Fakkir Mohamed Ibrahim Kalifulla also upheld the reservation for scheduled castes/tribes and other backward classes for admissions in educational institutions, IANS reported.

Upholding the validity of the RTE Act and reservation of SC/ST and OBCs in educational institutions, the court said: "We hold that the Constitution (Ninety-Third Amendment) Act, 2005 inserting Clause (5) of Article 15 of the Constitution and the Constitution (Eighty-Sixth Amendment) Act, 2002 inserting Article 21A of the Constitution do not alter the basic structure or framework of the Constitution and are constitutionally valid."

Holding that the RTE Act is not ultra vires Article 19(1)(g) of the Constitution, the court said: "We, however, hold that the 2009 Act insofar as it applies to minority schools, aided or unaided, covered under clause (1) of Article 30 of the Constitution A is ultra vires the Constitution."

"We accordingly hold that none of the rights under articles 14, 19(1)(g) and 21 of the Constitution have been abrogated by Clause (5) of Article 15 of the Constitution and we hold that the (Ninety-third Amendment) Act, 2005 of the Constitution inserting clause (5) of Article 15A of the Constitution is valid," the court said.

The apex court verdict came in response to the reference made by a three-judge bench of this court by order of September 6, 2010 in Society for Unaided Private Schools of Rajasthan versus Union of India.

Admin · Guru

Madras High Court (File Photo | PTI)

By Express News Service

CHENNAI:The University of Madras has been directed by the High Court to not to interfere with the continuance of the new college principal Dr A Abdul Jabbar, whose qualification was not approved by the varsity as it wanted the college to follow the regulations of the University Grants Commission, 2010, which stipulated that a selection committee has to be constituted.

Justice Satrughana Pujahari passed the injunction after hearing the argument by senior counsel Isaac Mohanlal representing the petitioner secretary and correspondent of The New College, a minority institution, which challenged the university’s decision not to approve the qualification of the principal as it failed to abide by UGC norms to constitute the selection committee to choose the principal.

Mohanlal submitted that committee recommended by the UGC is unconstitutional, ultra vires and void as the college is a minority educational institution. Selection and appointment of teachers is one of the essential facets of the right of administration guaranteed to the minorities. The inclusion of outsiders like nominees of the Vice-Chancellor of the university, subject experts from outside (as per norms of the UGC selection committee) is a grave inroad into the rights of the minorities.

“The university failed to see that the formation of such selection committees which involved the participation of outsiders in the selection of teachers would not apply to the minority educational institutions. The law is well settled that the prescription of such committees amounts to infringement of the right of administration guaranteed to minorities. As far as the petitioner college is concerned, the selection and appointment of Principal and other staff is done by the managing committee of the college,” he submitted.

The judge also issued notices to advocate P Kavitha, representing the government, Directorate of Collegiate Education and Joint Director of Collegiate Education and Stalin Abhimanyu on behalf of the University.

Admin · Guru

Pachaiyappa’s College Principal’s appointment declared null and void

The Madras High Court has set aside the appointment of Dr N Shettu as Principal of the Pachaiyappa’s College in Kilpauk.

25th April 2019 02:03 AM

By Express News Service

http://www.newindianexpress.com/cities/chennai/2019/apr/25/pachaiyappas-college-principals-appointment-declared-null-and-void-1968609.html

CHENNAI: The Madras High Court has set aside the appointment of Dr N Shettu as Principal of the Pachaiyappa’s College in Kilpauk. Justice S M Subramaniam set aside the appointment while allowing a batch of writ petitions from Dr R Nanthini and six others challenging the appointment on Wednesday. “Courts cannot remain as a mute spectator in respect of such large-scale irregularities and illegalities in the matter of selection to the higher post of Principal of a college as the salaries are being disbursed from the tax-payers coffers.

The interests of the people at large are involved. Thus, it is important to consider all these aspects and more specifically, in respect of the issue on hand, the interim administrator appointed by the High Court categorically enumerated that the procedures of selection were not conducted in consonance with the University Grants Commission (UGC) Regulations and Sec. 11 (4) of the TN Private Colleges (Regulations Act),” the judge said.

Dr Nanthini’s counsel B Saraswathi and others contended that the UGC Regulations and the provisions of the Private Colleges (Regulation) Act were not followed by the Trust Board while making the selection of Shettu as the Principal. The contention of the Special Government Pleader appearing for the Directorate of Collegiate Education is also ambiguous and it is crystal-clear that the appointment of Shettu alone is approved without even scrutinising the process of selection conducted by the selection panel of the Trust Board.

New Indian-Chennai News + more

Minority tag of 17 schools questioned

They are claiming minority status without valid certification

Minority educational institutions must follow labour laws: HC

State cannot compel minority institutions to implement quota: Supreme Court

Salaries of nuns, priests working in schools liable to tax: Madras HC

Says provisions of the I-T Act are areligious and apolitical in nature

‘No diversion of income’

RTE Act not applicable to minority schools, rules Supreme Court

Though Right to Education Act is constitutionally valid, such schools can't be obligated to reserve 25 per cent seats for students from socially and economically weaker sections, rules SC.

The New College principal: Madras University told not to interfere with posting

Pachaiyappa’s College Principal’s appointment declared null and void