Equal Treatment to Hindu institutions
It is understood that at present the Governments interfere in administration and running of schools, colleges and other institutions set up by Hindus but do not make similar interferences in administration of minority run institutions. It is proposed to take up such grievances of unequal treatment of Hindu run institutions with the State Governments and the Union Government of India. Hindu institutions which want the Foundation to take up abolition of such discriminations may register on portal of this Foundation summarising their grievances and their recommendations so that the Foundation may take up the issue with the Governments on their behalf.
It is understood that in minority run institutions Hindu students with better marks than marks of minority students are denied admissions; that, a Hindu candidate with better CV than that of minority candidates is refused appointment/promotion in favour of minority candidates, that, Hindu students are charged more fees than minority students; that, in minority institutions constitutional provisions of reservations for SC ST & OBC are not fully honoured in light of faulty judgments of the Supreme Court of India such as the St. Stephen’s College, Delhi vrs the Delhi University (WPC 1868 of 1980) and the TMA Pai Foundation vrs the State of Karnataka (WPC 317 of 1993) judgment date 31.10.2002 which should be annulled by the Parliament as was done by the Rajiv Gandhi Government to annul the Supreme Court judgment in the Shah bano case. In these judgments the Supreme Court ruled that minority institutions whether aided or not, can have their own admission and recruitment policies without interference of the governments. But the Supreme Court can neither exempt the minority institutions from following other provisions of the Constitution of India nor has given such exemptions under the above quoted judgments. So the admission criteria and appointments criteria must conform to each and every provision of the Constitution of India. Over and above in the TMA Pai Foundation judgment, the SC ruled “ However, the right under Article 30(1) cannot be such as to override the national interest or to prevent the Government from framing regulations and any regulation framed in the national interest must necessarily apply to all educational institutions, whether run by the majority or the minority. Such a limitation must necessarily be read into Article 30.”
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