Context: Recently, the Supreme Court of India gave its judgement on the admission criteria of minority institutions.It held that National Eligibility-cum-Entrance Test (NEET) is mandatory for admission to all the medical colleges and the right of minority institutions is not absolute and is amenable to regulation. 
Issue

• The petitioners from Christian Medical College, Vellore, and others had said that unaided minority professional colleges have the fundamental right to choose the method and manner of admitting students.
• They have the right to conduct the test of a fair, transparent, and non­-exploitative process, and that NEET could not be the only parameter to determine the merit of a student.
• However, SC quashed the petition by ruling that the minority institutions are equally bound to comply with the conditions imposed under the relevant Acts and Regulations to enjoy affiliation and recognition, which apply to all institutions.

Keep point of the Judgement

• The SC held that the fundamental and religious rights of minorities and rights available under Article 30 are not violated by provisions carved out in Section 10D of the MCI and Dentists Act.
• The right to freedom of trade or business is not absolute. It is subject to reasonable restriction in the interest of the students’ community to promote merit, recognition of excellence, and to curb the malpractices. A uniform entrance test qualifies the test of proportionality and is reasonable.
• The NEET is mandatory for admission to medical colleges run by religious and linguistic minority communities and it would apply for both aided and unaided medical colleges administered by minorities.
• NEET was started to check several malpractices in the medical education, to prevent capitation fee by admitting students which are lower in merit and to prevent exploitation, profiteering, and commercialisation of education.
• Uniform entrance exams will ensure improvement in future public health by encouraging merit which will further enhance the Directive Principles enshrined in the Constitution.
• Article 19 (1) (g) grants citizens the right to practice any profession, or to carry on any occupation, trade or business while Article 30 relates to the right of minorities to establish and administer educational institutions.
• The rights to administer an institution under Article 30 of the Constitution are not above the law and other Constitutional provisions.
• Reasonable regulatory measures can be provided without violating such rights available under Article 30 of the Constitution to administer an institution.
• The rights under Article 19(1) (g) are not absolute and are subject to reasonable restriction in the interest of the student’s community to promote merit, recognition of excellence, and to curb the malpractices.

Rights of Minority Educational Institutions

• The National Commission for Minority Educational Institutions Act 2004  as amended by the NCMEI (Amendment Act 2006) lays down rights of Minority Educational Institutions as under:-

Right to establish a Minority Educational Institution:-

• Any person who desires to establish a Minority Institution may apply to the Competent authority for the grant of no objection certificate for the said purpose.

The Competent authority shall:-

• On perusal of documents, affidavits or other evidence, if any; and
• After giving an opportunity of being heard to the applicant, decide every application filed under sub-section (1) as expeditiously as possible and grant or reject the application, as the case may be: Provided that where an application is rejected, the Competent authority shall communicate the same to the applicant.

Article 30 (1) of the Constitution and Section 2(g) of the NCMEI Act:

• To choose its governing body in whom the founders of the institution have faith and confidence to conduct and manage the affairs of the institution.
• To appoint teaching and non-teaching staff.
• To admit the students of its community.
• Non-minority students cannot be forced upon it.
• Neither the policy of reservation on admission can be enforced by the State nor any quota or percentage of admissions can be carved out to be appropriate by the State in a minority education institution.
• But if the institution is receiving any financial aid from the State then Sub-Article (2) of Article 29 of Constitution obligates the management to admit non-minority students to a reasonable extent.
• To receive a reasonable fee structure of its own.
• To take disciplinary action against  any member of its erring staff.

P.A. Inamdar  Vs. State of Maharashtra, 2006 case

• The policy of reservation in admission cannot be made applicable to a minority  institution.
• The policy of reservation in employment can not be made applicable to a minority institution.
• Further, a minority educational institution covered under Article 30(1) of the Constitution including a Madarsa is exempted from the purview of the Right of Children to Free and Compulsory Education Act.