Article 29 and 30 of the Indian Constitution guarantee certain cultural and educational rights to Minorities located in India.
Protection of interests of minorities (Article 29) -
(1) Any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same.
(2) No citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, language or any of them.
Right of minorities to establish and administer educational institutions ( Article 30)
(1) All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.
\(1A) In making any law providing for the compulsory acquisition of any property of an educational institution established and administered by a minority, referred to in clause (1), the State shall ensure that the amount fixed by or determined under such law for the acquisition of such property is such as would not restrict or abrogate the right guaranteed under that clause.
(2) The State shall not, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language.
Relevant case law
1) Azeez Bashu Vs. Union of India AIR 1968 SC 662
In this case Supreme Court held that the Aligarh University was not established by the Muslim minority but was established by an Act of Parliament, hence the Muslim minority cannot claim to maintain it.
2) Bramchari Sodheswar Shai Vs. State of W.B, in this case Court held that Ramkrishna Mission is a Section of Hindu Religion and not religious minority.
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