The UPA government is planning to clip states’ wings on issues related to minority education, a move that is likely to trigger another showdown.
NEW DELHI: The UPA government is planning to clip states’ wings on issues related to minority education, a move that is likely to trigger another showdown between the ruling Congress and the opposition BJP on the sensitive issue.
The Centre is planning to amend the National Commission for Minority Educational Institutions (NCMEI) Act 2004, giving it powers to issue no-objection certificate to set up a minority education institution. Currently, this power rests with the states.
If passed, the amendment will also not leave any room for the states to influence decision on complaints filed against them by minority institutes. Currently, such complaints are sorted out in consultation with the state. After the proposed amendment, the states will be recognised only as an opposite party.
The commission will also look into university-related matters in granting affiliation and minority status to colleges — these powers currently rest with the state and central governments or civil courts. NCMEI will also check the abuse and misuse of minority status by institutions.
The ministry of human resource development (MHRD) is likely to move a cabinet note in this regard and the Bill for the amendment is expected to be introduced in the monsoon session of parliament.
What prompted the move? Officials say the commission and the HRD ministry have been flooded with complaints from minority groups over discrimination and harassment at the hands of the state governments, particularly in Maharashtra and Gujarat.
And ministry officials claim they are not tampering with the states’ rights but only removing roadblocks in way of minority education. “Education is in the concurrent list and parliament is well within its rights in taking such a step,” said constitutional expert Shanti Bhushan.
“We were flooded with complaints of unnecessary delay and harassment from minority groups. There were complains that the state authorities were making them run from pillar to post or demanded bribes to give an NOC even if they fulfilled other requirements. Hence, it has been decided that such aggrieved groups can now directly approach the commission if the states do not issues an NOC of reply within 90 days of applying,” said Justice SMA Siddiqui, chairman of the NCMEI. The commission so far looked only into matters where an NOC was rejected.
The Medical Council of India (MCI), All India Council for Technical Education (AICTE) and the Central Board of Secondary Education (CBSE) and school boards also issue NOCs to educational institutions.
Siddiqui said while designating the powers to the commission, the Centre is cautious of the fact that there is no clash or conflict between the commission and the various regulatory bodies.
“The powers are well-marked. For instance, when the case of validity of Valson Thampu’s appointment as principal of St Stephen’s College in Delhi came to us, we rejected his appeal on the basis of the guidelines set by the University Grants Commission (UGC) for the qualifications of a principal. The controlling powers will remain with UGC, MCI and AICTE. We can be approached for grievances,” Siddiqui said.
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