•  The Supreme Court has ruled all questions relating to conferring minority status on educational institutions are to be decided by the National Commission for Minority Educational Institutions (NCMEI) and quashed the order of the Calcutta high court, which had said the body had no original jurisdiction on the issue.
• According to Supreme Court “As per Section 11 of the Act, NCMEI could declare an establishment as a minority educational institution “at all stages.” Only the Commission has the power to decide on granting a ‘no objection’ certificate to an institution that wanted to convert into a minority institution.
• Previously, Calcutta HC had held that NCMEI had no original jurisdiction to declare the minority status.

About NCMEI:

• The National Commission for Minority Educational Institutions was set up in 2004.
• The Government brought out an Ordinance in November 2004 establishing the Commission. Later a Bill was introduced in the Parliament in December 2004 and both Houses passed the Bill.
• The NCMEI Act was notified in January 2005.
• The Commission is mandated to look into specific complaints regarding deprivation or violation of rights of minorities to establish and administer educational institutions of their choice.
• Protection of rights of minorities are enshrined in Article 30 of the Constitution which states that “all minorities, whether based on religion or language shall have the right to establish and administer educational institutions of their choice”.
• Thus, the Commission can look into any complaints relating to violation and deprivation of rights of minorities to establish and administer educational institutions of their choice.
• This Commission is a quasi-judicial body and has been endowed with the powers of a Civil Court.
• It is to be headed by a Chairman who has been a Judge of the High Court and three members are to be nominated by Central Government.
• The Commission has 3 roles namely adjudicatory function, advisory function and recommendatory powers.
• So far as affiliation of a minority educational institution to a university is concerned, the decision of the Commission would be final.
• The Commission has powers to advise the Central Government or any State Government on any question relating to the education of minorities that may be referred to it.
• The Commission can make recommendations to the Central Government and the State Governments regarding any matter which directly or indirectly deprives the minority community of their educational rights enshrined in Article 30.