LAW RELATING TO ADMISSION IN MINORITY EDUCATIONAL INSTITUTIONS IN INDIA Thesis ...

360 Pages·2015·2.54 MB·English

LAW RELATING TO ADMISSION IN MINORITY
EDUCATIONAL INSTITUTIONS IN INDIA

Thesis Submitted To
COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY
For the award of the degree of

DOCTOR OF PHILOSOPHY
In
THE FACULTY OF LAW

By
LEKSHMI.G.R.

Under the supervision of
Dr.V.S.Sebastian
Dean and Former Director
School of Legal Studies, CUSAT

COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY,
KOCHI-22, ERNAKULAM, KERALA
June – 2015
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I do hereby declare that this thesis entitled, “Law Relating to Admission in Minority
Educational Institutions in India” for the award of the Degree of Doctor of Philosophy in
Law has been originally carried out by me under the guidance and supervision of
Dr. V.S. Sebastian, Dean and Former Director, School of Legal Studies, Cochin University of
Science and Technology, Kerala. I further declare that this thesis has not been submitted either
in part, or in whole, for any other degree/diploma at any other University/Institution.

Kochi-22 Lekshmi.G.R.
08.06.2015 (Research Scholar)
Cochin University of Science and Technology
Kochi-22, Ernakulam, Kerala, India

Dr. V.S. Sebastian,
Dean and Former Director

This is to certify that this thesis entitled “Law Relating to Admission in
Minority Educational Institutions in India”, submitted by Smt. Lekshmi. G.R.,
for the award of the Degree of Doctor of Philosophy in Law is the record of
bonafide research carried out by her as part-time research scholar of School of
Legal Studies, Cochin University of Science and Technology under my
guidance and supervision from 14.09.2007. This thesis, or any part there of has
not been submitted elsewhere for any other Degree or Diploma whatsoever.

Kochi-22, Dr. V.S. Sebastian
08.06.2015 (Research Guide)
Mob : [phone]
E-mail : [email protected]
This is to certify that the important research findings included in the
thesis, “Law Relating to Admission in Minority Educational Institutions in
India” have been presented in a research seminar at the School of Legal
Studies, Cochin University of Science and Technology on 09.01.2014.

Lekshmi. G. R.
(Research Scholar)

Dr. V. S. Sebastian
(Research Guide)

Kochi-22, Dr. N. S. Soman
08.06.2015 (Director)
Cochin University of Science and Technology
Kochi-22, Ernakulam, Kerala, India

Dr. V.S. Sebastian,
Dean and Former Director

This is to certify that this thesis entitled “Law Relating to Admission in
Minority Educational Institutions in India”, submitted by Smt. Lekshmi. G.R.,
for the award of the Degree of Doctor of Philosophy in Law is the record of
bonafide research carried out by her as part-time research scholar of School of
Legal Studies, Cochin University of Science and Technology under my
guidance and supervision from 14.09.2007. All the relevant corrections and
modifications suggested by the audience during the Pre submission seminar
and recommended by the Doctoral Committee have been incorporated by
Smt. Lekshmi G.R. in this thesis.

Kochi-22, Dr. V.S. Sebastian
08.06.2015 (Research Guide)
Mob : [phone]
E-mail : [email protected]
PREFACE
This Study pertains to the law relating to admission in minority educational
institutions in India. This is an area which needs certainty. Every year, admissions
to various institutions are challenged. The future of umpteen number of students
are at stake. Only when clarity with regard to the nature of the rights and conditions
to be fulfilled to get the rights are made, conflicts can be prevented. Awareness in
this area has to be developed. Considering the peculiar nature of rights provided
under Article 30 to the minorities, there is an argument that Article 30 is absolute
in nature and restrictions on this right can be only in the interests of the minorities.
But there is also a counter argument that minority rights are not absolute and that
all rights are absolute only to the extent of their logical extreme. Thus reasonable
restrictions can be placed over Article 30. The Legal framework is not
comprehensive and conflicting judicial responses add to the dilemma. Legal frame
work has pitfalls which creates confusions. Though there are decisions by the
highest court of the land regarding admission rights, various parts of the decisions
are quoted in isolation by interested parties to assert their sides. Many States try to
frame legislations regulating admissions inspired by the judicial pronouncements,
which are later declared as violative of minority rights and held unconstitutional.
This state of affairs has prompted me to select this area as the subject for study.
Study is an analysis for a better regime of law relating to admissions in minority
educational institutions in India balancing the interests of various stakeholders viz.
minority and non minority educational institutions, both professional and
elementary, students, parents and the State.
At this juncture, I thank all those who were giving me various kinds of
supports in the completion of this work. I firstly bow before the Almighty who has
given me the strength and determination to carry out this work and without whose
blessings this thesis would not have been completed.
I express my sincere thanks to my supervisor and guide, Dr. V. S. Sebastian,
Dean & Former Director, School of Legal Studies, Cochin University of Science
and Technology for his guidance, moral support and patience which has enabled
me to pursue the subject with confidence and enthusiasm. Inspite of his hectic
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schedule, he could find time to discuss with me every chapter of this thesis in
detail. His valuable suggestions were of immense help in developing the ideas in
the right perspective. He took extra-ordinary efforts in going through the draft
chapters. His perfectionism in correcting the chapters of the thesis has helped me to
complete the work in a proper manner.
I thank the Almighty for having given me the opportunity to be the disciple
of renowned gurus like Prof.(Dr.) K. N. Chandrasekran Pillai, former Director,
National Judicial Academy, Bhopal, Prof. (Dr.) N. S. Gopalakrishnan, Director,
Inter University Centre for Intellectual Property Rights Studies, Cusat, Prof. (Dr.)
V. D. Sebastian, Former Dean, Faculty of Law, Dr. Chandrasekharan Elayath,
formerly Professor, School of Legal Studies, whose vision and zealous for teaching
has had a positive influence on me. Their charisma has left a deep imprint in me
and has influenced my professional and personal life. The discipline, vigour and
unlimited dedication shown by these gurus in the pursuit of knowledge has always
been an inspiration to me.
I am greatful to Prof.(Dr.) A. M. Varky, Former Director and Dean, School
of Legal Studies, who has always been willing to clear my doubts in any area of
law. The ease and flexibility with which he divulges into different areas of law and
his critical analysis of different subject matters has left me wonder struck. I thank
Almighty for having enabled me to associate with him. His guidance regarding the
area of research has always been like a breath of fresh air. He has helped me to
approach the area of research in a systematic manner and has helped me to focus on
the issues without going astray.
I am obliged to Dr. N. S. Soman, Director, School of Legal Studies for all his
supports and help through out the work. His criticisms and comments always gave
me a directional thrust while proceeding with the research. His constant enquiries
about the progress of my thesis supplied me greater energy and enthusiasm to
finish the work.
I am highly indebted to Dr. D. Rajeev, Professor and Former Director, School
of Legal Studies, who during my days as a post graduate student in Law had
created great interest in the area of study chosen by me. This has helped me in
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pursuing the research work with ease. I express my sincere thanks to him for his
blessings, guidance and immense wish to see me completing the research. The
training given by him, in critically analyzing judicial decisions and interpreting
legal provisions has equipped me to analyze various dimensions of Constitutional
issues in the proper perspective.
I also thank Dr. Lovely Paulose, Principal, Government Law College,
Ernakulam for allowing me to take leave from my routine work as Assistant
Professor, Government Law College, Ernakulam in completing the course work
and related procedures. I express my sincere thanks to all the members of the staff
in the School of Legal Studies, who have helped me in completing the thesis on
time. Special thanks are also due to the Library Staff of School of Legal Studies,
for their strong support. I thank Seena Rajesh, Indu Offset for printing and binding
this work beautifully.
I take this opportunity to express my gratitude to my loving and supportive
parents Mr. N. Gopalakrishnan Nair, formerly Chief Manager, State Bank of
Travancore and Smt. C. Remadevi, Special Assistant, SBT, Jagathy Branch for
their blessings and support. Their sacrifice has been behind my success. I thank
Almighty for having given me parents who had always taught me to stay focused
and disciplined. I also thank my sister Smt. Reshmi G.R., Assistant Manager, U. S.
Technologies and her family who seems happier than me in the completion of the
work. I also remember my in-laws Mrs & Mr. K.S. Viswanath and their family for
their support.
I cannot express in words, the feelings I have for my beloved husband
Shri. V. SajithKumar, Advocate, High Court of Kerala, without whose help I could
not have completed this work. He had been my strength throughout this work. His
willingness to adjust with me during the research period, without complaints had
strengthened my resolve to complete the work on time. He had always been beside
me during times of turbulence. I take this opportunity to express my gratitude to
Lord Almighty for having provided me with such a loving partner. I also remember
my loving sons Aanandkrishnan. S and Govindkrishnan. S. who had been patiently
waiting to see their mother completing the research work. Though the time and
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energy put in completing the work might have taken away the care which a mother
ought have provided to her children, they were uncomplaining and co - operative.
I bow before the great plans the Almighty has before me and is humbled by
his love and blessings. I dedicate this work with great reverence and love to my
loving father, Mr. N. Gopalakrishnan Nair, who will always remain the best man in
my life.

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SUMMARY OF TABLE OF CONTENTS

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INTRODUCTION ..................................................................................................................... 1-10
Dibqufs!- 1
MINORITY STATUS: MEANING AT NATIONAL AND INTERNATIONAL LEVELS .............. 11-50
Dibqufs!- 2
EDUCATIONAL RIGHTS OF MINORITIES AT INTERNATIONAL AND NATIONAL
LEVELS .................................................................................................................................. 51-89
Dibqufs!- 3
ADMISSION AS A FACET OF ADMINISTRATION IN MINORITY PROFESSIONAL
EDUCATIONAL INSTITUTIONS IN INDIA ......................................................................... 90-146
Dibqufs!– 4
MINORITY PROFESSIONAL EDUCATIONAL INSTITUTIONS AND RESERVATIONS
IN ADMISSION ................................................................................................................ 147-181
Dibqufs!- 5
ADMISSION RIGHTS AND ITS REGULATION IN ELEMENTARY EDUCATIONAL
INSTITUTIONS ................................................................................................................ 182-225
Dibqufs!- 6
ADMISSION IN MINORITY PROFESSIONAL EDUCATIONAL INSTITUTIONS IN
KERALA ............................................................................................................................ 226-262
Dibqufs!- 7
ADMISSION TO MINORITY STUDENTS IN EDUCATIONAL INSTITUTIONS IN
UNITED STATES OF AMERICA AND INDIA: A COMPARISON ..................................... 263-281
Dibqufs!- 8
CONCLUSIONS AND SUGGESTIONS ............................................................................. 282-301
BIBLIOGRAPHY ............................................................................................................. xxxiii-xIiv

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