Relation Between Establish and Administer

The words Establish and administer are related to each other. Minorities can claim the right to administer an educational institution only if it has established it. The right to administer an educational institution consists of the following four matters:

1. Right to choose a managing or governing body.
2. Right to choose teachers.
3. Admission of students on their own choice must have reasonable restrictions on academic qualifications.
4. Right to use the properties and assets for the benefit of the institution.

In S.P. Mittal v. Union of India, Supreme Court held that to claim the benefit of Article 30(1), the community must show:

• It is a religious and linguistic minority and
• The institution was established by it.

Without satisfying these two conditions, benefits under Article 30(1) cannot be claimed.

In S Azeez Basha v. Union of India, Supreme Court held that Aligarh Muslim University is not a minority institution. The court in clear terms spelt out that the minority will have the right to administer educational institutions of their choice provided they have established it and not otherwise.

Cultural and Educational Rights: Cultural and educational rights are the rights that protect the culture, script, or language of all sections. In our Indian constitution, Cultural and Educational Rights are protected under Articles 29 and 30. These articles affirm the cultural and educational rights of Indian citizens. The formulation of cultural and educational rights also includes safeguards against state-sponsored prejudice based on language, caste, religion, and race. according to cultural and educational rights under articles 29 &30, everyone has the right to found or manage an educational institution and to attend a state-funded or run educational institution.

In this article, we will be explaining the cultural and Educational Rights, the Specifications of Article 29 and Article 30, Relation between the establishment and the minister, and more. As this is one of the important topics for the UPSC exam, Candidates can refer to the relevant articles that are essential for their main examinations provided in this article.