Lok Sabha Question No. 1310 (UNSTARRED), answered on 2019-02-11
Subject: Minority Status of Schools
Ministry: HUMAN RESOURCE DEVELOPMENT
Asked by: RAJIV PRATAP RUDY

## GOVERNMENT OF INDIA MINISTRY OF HUMAN RESOURCE DEVELOPMENT DEPARTMENT OF HIGHER EDUCATION

## LOK SABHA UNSTARRED QUESTION NO. 1310 TO BE ANSWERED ON 11.02.2019

## Minority Status of Schools

## 1310. SHRI RAJIV PRATAP RUDY:

Will the Minister of HUMAN RESOURCE DEVELOPMENT be pleased to state:

- (a): the details regarding the procedure for a private school to get minority status;
- (b): whether the Government has come up with a common guideline for private schools to get a minority status and if so, the details thereof;
- (c): whether the Government has identified the fact that schools are applying for minority status in  order  to  escape  from  complying  with  Section  12(1)(c)  of  the  Right  to  Free  and  Compulsory Education (RTE) Act; and
- (d): if so, the steps taken/ to be taken by the Government to address the issue?

## ANSWER

## MINISTER OF STATE IN THE MINISTRY OF HUMAN RESOURCE DEVELOPMENT ( DR. SATYA PAL SINGH )

(a) &(b): For  the  grant  of  minority  status  by  the  National  Commission  for  Minority Educational Institutions (NCMEI) to an educational institution on religious basis, the institution is required to prove that:-

- (i) it was established by a member(s) of the religious minority community;
- (ii) it was established for the benefit of the minority community; and
- (iii) it is being administered by the minority community.

An application for grant of minority status certificate may be made to the Commission in prescribed format.  The applicant should move an application first before the Competent Authority established  by  the  State  Government  for  grant  of  No  Objection  Certificate  under  Section  10  of National  Commission  for  Minority  Educational  Institutions  Act,  2004.    In  case  of  rejection  of application by the Competent Authority, application may be made as appeal under Section 12 (B) of  National  Commission  for  Minority  Educational  Institutions  Act,  2004  to  the  Commission. Along with the application the following documents are also required :

- (i) The applicant minority institution should be registered as a trust under the Public Trust Act  1950  or  as  a  Society  under  Societies  Registration  Act  1860.  In  case  of  Society, copy of Society Registration Certificate should be enclosed with the application form.

A  copy  of  the  Trust  Deed,  Memorandum  of  Association,  Rules  &  Regulation/  Bye laws with all amendments should be enclosed. An affidavit signed by President/Secretary  of  the  Society/Trust  should  also  be  enclosed  as  per  prescribed format, on appropriate value of non-judicial stamp paper.

- (ii) In case of an individual run institution, applicant should file an affidavit. They should also enclose a copy of the affiliation/ approval of the concerned education authorities for running the educational institution as the case may be.
- (iii) Majority of the trustees/members (i.e. at least 51%) of the managing committee of the Society of the applicant institution should belong to the applicant Minority Community.
- (iv) Original  application  complete  in  all  respects  with  copy  of  all  relevant  documents  as annexure along with five spare sets of the application should be submitted.
- (v) The  detailed  guidelines  for  grant  of  Minority  Status  Certificate  from  NCMEI  are available publicly at  url http://ncmei.gov.in.

(c) & (d):  No, Sir.    The Right of Children to Free and Compulsory Education (RTE) Act, 2009 provides  for  access  to  elementary  schools  for  children  within  the  defined  area  or  limits  of neighbourhood. Section 12(1) of the RTE Act 2009 mandates all private aided, Special Category schools  and  private  unaided  schools  to  admit  in  Class-I,  to  the  extent  of  at  least  25%  of  the strength, children belonging to weaker section and disadvantaged group.  Section 12 (1)(c) of RTE Act 2009 is applicable in all States and UTs only.  The RTE Act 2009 is not applicable in the State of Jammu & Kashmir and Section 12 (1) (c) is not applicable in UT of Lakshadweep as it does not have any private unaided school. In order to establish the eligibility, States and UTs are required to notify  the  disadvantaged  groups  and  weaker  sections  for  admission  in  private  unaided  schools under  Section  12(1)(c).      Education  is  a  subject  in  the  concurrent  list  of  the  Constitution  and majority  of  the  schools  in the country  are  under  the  administrative  control  of  the State Governments  and  UT  Administrations.  However,  Ministry  of  Human  Resource  Development (MHRD) vide letter  no  12-5/2016-EE.11  dated  25.05.2016  requested  States/UTs  to  carry  out  a ground assessment of private schools across the country to ensure to comply with the Section 12 (1)(c)  of  RTE  Act,  2009.  Further,  MHRD,  in  various  meetings  like  State  Education  Secretaries conference, Joint Review Missions (JRM) of SSA, PAB (Project Approval Board) Meetings, has been  advising/guiding  State/  UT  Governments  to  emphasise  on  implementation  of  the  Section 12(1)(c) of the RTE Act 2009.

*****