Interim Relief: SC Slams UP Government for not giving Minority Status to Buddhist Medical College

New Delhi: Slamming the Uttar Pradesh Government for declining minority status for medical admission to Buddhist Minority Institution, which has already been granted this status by National Commission for Minority Education Institution, the Supreme Court recently issued Interim Relief in the matter.

Dismissing the logic of the State Government that benefit would only be limited higher and technical education and not for medical admissions, the top court bench comprising of B. R. Gavai and B. V. Nagarathna observed, "It cannot be heard that the petitioner(s) would have a minority status insofar as the institutions coming under Higher and Technical Education Department of the State and will not have a minority status insofar as the institution coming under the Medical Education Department of the State."

The Apex court was considering a plea filed by MTV Buddhist Religious and Charitable Trust (formerly known as Subharti KKB Charitable Trust). Run by the Trust, Subharti Medical College was granted minority status by the National Commission for Minority Education Institution by an order dated 26.04.2018.

It should be mentioned in this context that the Secretary of Higher Education Department in its communication dated 18.05.2016 had clarified that the jurisdiction for granting minority status is with the National Commission for Minority.

Despite this, the college was not being given the benefit of minority status for admitting students in medical courses. Therefore, the college had reached the High Court, which had asked the petitioner college and Trust to make a representation before the State Government. However, State rejected the representation and when the college approached the HC bench again, the application had been dismissed.

When the matter reached the Supreme Court, the counsel for UP State Government, AAG Mrs. Prasad argued that the communication dated 18.05.2016 would only bind the higher and technical education department of the State. It was her argument that the communication issued by the Higher and Technical Education Department would not bind the Medical Education Department. In any case, she submitted that the period of around four years has passed from the date of concerned order.

Taking note of the submission of the State, the top court bench observed, "Undisputedly, the petitioner No.2/College has been given minority status by the order of the National Commission for Minority Education Institutions, which is the competent authority for the said purposes. It cannot be heard that the petitioner(s) would have a minority status insofar as the institutions coming under Higher and Technical Education Department of the State and will not have a minority status insofar as the institution coming under the Medical Education Department of the State."

Further the bench noted that the counsel for National Medical Commission (NMC), Mr. Gaurav Sharma has informed that even the minority seats will have to be filled through the counselling made by the State Government, however, from the minority category.

"Insofar as the fees to be payable by the students are concerned, the same are also subject to the regulatory provisions under the State enactment which has been made in furtherance to the directions issued by this Court from time to time," further noted the court.

Therefore, providing interim relief to the college, the bench mentioned in the order, "In that view of the matter, we are inclined to grant interim relief in terms of prayer clause 'a' in the petition, until further orders."

"The respondent(s) would get liberty to file counter affidavit," the order further read.

To read the order, click on the link below.

https://medicaldialogues.in/pdf_upload/supreme-court-minority-188799.pdf

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