Recognition of Minority status to Minority Educational Institutions In the state of Maharashtra – Procedure, Terms and Conditions of Recognition

Recognition of Minority status to Minority Educational Institutions
In the state of Maharashtra – Procedure, Terms and Conditions of
Recognition.
Government of Maharashtra
Minorities Development Department
Government Resolution No ASS – 2008/CR /2008/Desk-1
Mantralaya, Mumbai 400032
Date: 4July 2008
Read: 1)The National Commission for Minority Educational Institutions
Act 2004,
2) GAD GR No ASS/634/CR 63/ 2006/35 dated 27th July 2006,
3) Government Notification, Minority Development Department
dated 4th July 2008
4) General Administration Department, Government Resolution
No. ASS-2006/634/CR 63,dated 11 June 2007
Government Resolution: -
The simplification of the procedure for according the recognition of Religious/Linguistic
Minority status to Educational Institutions run by Minorities in Maharashtra, has been under
consideration of the state government for some time. Accordingly in consultation with all
stakeholders and taking into account the various directions passed by the Hon Supreme Court in
this behalf, in super session of Government Resolution No.ASS-2006/634/CR 63/206/35 dated 11
June 2007, the Government of Maharashtra hereby regulates the procedure and conditions for
according recognition of Religious/Linguistic Minority status to the educational institutions run
by Minorities in the state of Maharashtra as under:
I Competent Authority to accord Recognition of Minority status
The Principal Secretary/ Secretary Minorities Development Department, has been declared by
the State Government by Notification dated 4th July 2008, as the Competent Authority in
Maharashtra, to accord recognition of Religious/ Linguistic Minority status to Educational
Institutions.
II Eligibility Criteria for Recognition
i) Those institutions which have been granted recognition as a Minority Educational
Institution, by the department of the state government by a specific order or letter
prior to 11-6-2007, or under the GR of General Administration Department,
Government Resolution No. ASS-2006/634/CR 63,dated 11 June 2007, or by the
National Commission for Minority Educational Institutions, New Delhi, or by the
order of any Court, need not apply again for recognition under these provisions.
However the conditions indicated in Para V below shall also be applicable to all
such institutions.
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ii) The Applicant Minority Institution should be registered as a trust under the Bombay
Public Trust Act 1950 or as a Society under the Societies Registration Act 1860 or
other relevant law. The institution should indicate in its by laws or rules that it has
been formed to protect the interest of the minority for which status is sought.
iii) All those notified as Religious Minorities by the Government of India and the
Government of Maharashtra shall be eligible to apply for being accorded
recognition to their educational institutions as Religious Minority Educational
Institutions.
iv) All those whose mother tongue is an Indian language other than Marathi, shall be
eligible to apply for the recognition of the educational institutions run by them, as
Linguistic Minority Educational Institutions.
v) At least two- third of the trustees/ members of the managing committee of the
Society, of the applicant institution should belong to the applicant Minority
Community.
III Procedure for Application for according Recognition
i) The Institution desirous of obtaining Recognition as a Religious or Linguistic Minority
Educational Institution, shall apply to the Competent Authority in the prescribed form
appended herewith as Annexure A, indicating specifically whether they are
desirous of obtaining recognition as Religious or as Linguistic Minority
Educational Institution , along with photo copies of relevant documents indicated in
para IV below.
ii) Non Judicial Court Fees stamp of Rs 500, or such amount as may be prescribed from
time to time, shall be affixed on each application made.
iii) Each application shall be accompanied by a non-refundable processing fee of Rs 5000,
(Rs Five Thousand) or such amount as may be prescribed from time to time, to be paid
by a Demand Draft in the name of Under Secretary GAD (Desk 26), Mantralaya,
Mumbai
iv) The Applicant Institution should file a notarized affidavit in the prescribed form
appended herewith as Annexure B, on Non Judicial stamp paper of Rs 100.
v) All incomplete applications, not filed in the prescribed form, without the prescribed
fees, or without supporting documents shall be rejected during preliminary scrutiny
and the applicant shall be informed of this.
vi) Each application shall then be considered in terms of these provisions and a decision
communicated to the Applicant within a period of 90 days of the filing of the
application. Failure to decide within this time will confer deemed Minority status on
the Applicant Institution.
vii) The Competent Authority shall hear the Applicant Institution, through its authorized
representatives, with prior notice of at least ten days, before deciding the application.
The Applicant shall be required to furnish at the time of the hearing of the application,
the original documents, photo copies of which were furnished while filing the
application, as indicated in para IV below.
viii) After hearing the Applicant, if Recognition as a Minority Educational Institute is
accorded by the Competent Authority, a certificate in Form A as indicated in Annexure
C appended herewith, shall be issued to the Applicant.
ix) If the application is rejected, a speaking order shall be issued by the Competent
Authority while rejecting the application.
IV Copies of Documents to be attached with application:
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i) Copy of Trust Deed or Society Registration
ii) Copy of Schedule I indicating the names of the original Trustees/members of
Managing committee
iii) Copy of Change Report if any, regarding change in the names of Trustees/members of
Managing Committee
iv) Proof of Religious affiliation or linguistic background of the Trustees/Members of
managing Committee such as baptism certificate, school leaving certificate.etc
v) Proof that the applicant trust/society is running an Educational Institution.
V Terms and Conditions of Recognition
i) The Recognition of status of Minority Educational Institution shall be applicable only
in the state of Maharashtra and in respect of all the government departments dealing
with Education.
ii) The recognition of Minority status shall be accorded to the Parent Trust/Body or
Institution and the Minority status will be applicable to all the educational units being
run by the Parent Trust/Body or to be set up in future by it.
iii) The Applicant Institution shall abide by all the criteria indicated in para II above.
Any change in the composition of the trustees/ society management committee,
should be intimated to the Competent Authority within fifteen days of such a change
being effected.
iv) All Minority Educational Institutions other than those running Higher and Technical
and Professional Educational Institutions, accorded recognition under these provisions
shall
a) in the case of unaided institutions and unaided or aided linguistic minority
institutions having the medium of education in the recognised minority language -
admit all eligible minority students who have applied for admission, within the
time limit prescribed, based on merit by a fair and transparent admission process
and no application of any eligible minority student shall be rejected by the
institution. They may also admit non-minority students based on the local needs.
b) in the case of aided institutions (except aided minority language institutions
having the medium of education in the recognized minority language) shall
admit all eligible minority students who have applied for admission, within the
time limit prescribed, based on merit by a fair and transparent admission process
and no application of any eligible minority student shall be rejected by the
institution. They shall also admit a reasonable number of non-minority students
based on the local needs.
v) All Minority Educational Institutions accorded recognition under these Provisions,
running Higher and Technical Educational and Professional courses shall admit to the
extent of
a) In the case of aided institutions 50 % of the sanctioned strength
b) in the case of unaided institutions 51% of the sanctioned strength
from eligible candidates from the Minority community for which Recognition has
been accorded under these provisions :
1)by Aided institutions – by means of the state organized Common Entrance Test
(CET) or Common Admission Procedure in the case of Professional and Technical
courses and by means of merit based selection in other courses, including D Ed
courses; and
2)in the case of Unaided Institutions either by their own CET or by means of the
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state organized Common Entrance Test (CET) or Common Admission Procedure for
professional courses and by means of merit based selection in other courses including
D Ed courses.
vi) In the case of failure to obtain 50%/ 51% students of the Minority category as
indicated in v) above, the institutions which have carried out their own CET may
advertise for minority students of the category of which the institution has obtained
recognition, who have passed the government CET and select such minority students
in order of merit.
vii) The remaining seats shall be filled in
a) by Aided Institutions by means of the state organized CET or Common Admission
Procedure - or in the absence of these- by an open merit based procedure. While
filling up these seats, with open category students who are non- minorities, the seats
prescribed by the concerned Education Department of Government for weaker
sections such as Scheduled Castes, Scheduled tribes, VJNTs, OBCs etc shall also
be taken into account while admitting students, and
b) in the case of Unaided Institutions either by their own CET or by merit based
procedure or by means of the state organized CET or Common Admission
Procedure of the state. They may also on their own if they so desire provide for
seats for the admission of weaker sections such as Scheduled Castes, Scheduled
Tribes, VJNTs, OBCs etc in addition to students from the general category..
Provided that if 50%/51% students from the Minority quota are not available, then a
specific permission has to be taken by the institution from the Minorities Development
Department, to fill up these seats from non minority candidates by an open merit based
procedure.
Provided also that the names of all selected students by the open merit based process
shall be displayed on the notice board of the institution with the marks secured by the
selected students.
VI Filing of Returns by Minority Education Institutions
On the completion of the admission process, every Minority Educational Institution granted
recognition under these provisions, shall file a return within fifteen days to the concerned
Director of Education, of the details of the students granted admission and publish the details
of students admitted with their marks obtained in the admission procedure, thereupon the
concerned Director of Education shall file a return within a period of two months to the
Competent Authority, of the details of admissions made in these institutions, with the break up
of girls and boys, minority and non minority students.
VII Right to Inspection, Verification of Records, carry out an Enquiry and pass orders
If any complaint is received by the Competent Authority as regards the veracity of the
Minority status of an Institution which has been granted recognition under these provisions, or
as regards injustice to any minority student in the admission process, or any such matter comes
to the notice of the state government, the Competent Authority may enquire into the matter by
giving a reasonable opportunity of being heard, to the Institution concerned, by conducting a
hearing and examining the parties and verifying the records of the institution or cause the
matter to be enquired into by the concerned Director of Education – Director of Medical
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Education, Director of Higher Education, Director of Technical Education or Director of
Ayurveda. After issuing. notices of enquiry to all the concerned parties, hearing the Minority
Educational Institution, taking the evidence from the affected parties, and checking the records
of the institution, the concerned Director of Education will submit a report in the matter to the
Competent Authority who shall then pass necessary speaking orders in the matter.
VIII Grounds for Revoking of Recognition
The Recognition of Religious or Linguistic Minority Educational status to an Institution once
accorded, can be revoked on the following grounds:
a) The Institution has obtained the recognition by submitting false information to the
Competent Authority
b) Violations of any of the clauses in paras IV and V above
c) If a complaint is received by the Government as regards the veracity of the
Minority status or the fraudulent admission process adopted by the institution to
the detriment of the concerned Minority Community students and the complaint is
found to be true on enquiry.
However it will be necessary for the Competent Authority to hear the Institution before
passing any orders of Revocation of Recognition.
IX Appeals against orders of the Competent Authority
An appeal shall lie with the National Commission for Minority Educational Institutions, New
Delhi, against any order passed by the Competent Authority rejecting the recognition of Minority
status or revoking the recognition of Minority status to an Educational Institution in Maharashtra
or any order passed in terms of this GR.
This Government Resolution will come into effect from the educational year 2008-09. All
Minority Educational Institutions which have been accorded recognition of Minority status by the
GR dated 11-6-07, may exchange their earlier certificates for a certificate under these provisions
in Form A as indicated in para III (viii) above, by making a simple plain paper application
addressed to the Competent Authority and surrendering their earlier certificates.
X This GR issues in concurrence with the School Education, Higher and Technical
Education and Medical Education Departments of the Government of Maharashtra.
This Government Resolution is available on the web site of the Government of Maharashtra,
under code no
By order and in the name of the Governor of Maharashtra.
Principal Secretary
Minorities Development Department
Government of Maharashtra