“THE SCHEDULE
[See section 2(j)]
Sl. No. Name of the University
1. University of Delhi
2. North-Eastern Hill University
3. Pondicherry University
4. Assam University
5. Nagaland University
6. Mizoram University.”
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THE NATIONAL COMMISSION FOR MINORITY EDUCATIONAL
INSTITUTIONS ACT, 2004
INTRODUCTION
The long felt demand of the Minority communities to establish a Commission
for Minority Educational Institutions that will provide direct affiliation for
minority professional institutions to Central Universities, was underscored in a
series of meetings held by the Ministry of Human Resource Development with
educationist, eminent citizens and community leaders associated with minority
education. In a meeting of the National Monitoring Committee for Minority
Education held in August, 2004 similar views were voiced by many experts. In view
of the commitment of the Government in the National Common Minimum
Programme, the issue of setting up of a National Commission was a matter of
utmost urgency. In view of the considerable preparatory work that would be
involved to make the National Commission's functioning effective on and from
the next academic session, recourse was taken to create the National Commission
through the promulgation of the National Commission for Minority Educational
Institutions Ordinance, 2004. To replace the said Ordinance by an Act of
Parliament the National Commission for Minority Educational Institutions Bill
was introduced in the Parliament.
STATEMENT OF OBJECTS AND REASONS
In one of the Sections of the National Common Minimum Programme, there
is a provision to establish a Commission for Minority Educational Institutions
(hereinafter referred to as the National Commission) that will provide direct
affiliation for minority professional institutions to Central Universities. This long
felt demand of the Minority communities was also underscored in a series of
meetings held by the Ministry of Human Resource Development with
educationists, eminent citizens and community leaders associated with Minority
education. Among the various issues raised by the representatives of the Minority
communities was the difficulty faced by them in establishing and running their
own educational institutions, despite the Constitutional guarantees accorded to
them in this regard. The major problem was the issue of securing affiliation to a
university of their choice. The territorial jurisdiction of the State Universities, and
the concentration of minority populations in some specific areas invariably meant
that the institutions could not avail the opportunity of affiliation with the
universities of their choice.
2. Subsequently, in a meeting of the National Monitoring Committee for
Minority Education held on August 27, 2004, similar views were voiced by many
experts. Participants from the various minority communities affirmed the need to
provide access to such affiliation in view of the often restrictive conditions imposed
by the existing statutes of the Universities, relating to the affiliation of such
institutions. They felt that these conditions affected the rights granted to them on
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The National Commission for Minority Educational Institutions Act, 2004
account of their Minority status. The fact that there was no effective forum for
appeal and quick redressal only aggravated the sense of deprivation of the minority
communities.
3. In view of the commitment of the Government in the National Common
Minimum Programme, the issue of setting up of a National Commission was a
matter of utmost urgency. As the Parliament was not in session and in view of the
considerable preparatory work that would be involved to make the National
Commission's functioning effective on and from the next academic session,
recourse was taken to create the National Commission through promulgation of
the National Commission for Minority Educational Institutions Ordinance, 2004
on 11th November, 2004.
4. The salient features of the aforesaid Ordinance are as follows:—
(i) it enables the creation of a National Commission for Minority
Educational Institutions;
(ii) it creates the right of a minority educational institution to seek
recognition as an affiliated college to a Scheduled University,
notwithstanding anything contained in any other law for the time
being in force;
(iii) it allows for a forum of dispute resolution in the form of a Statutory
Commission, regarding matters of affiliation between a minority
educational institution and a Scheduled University and its decision
shall be final and binding on the parties;
(iv) the Commission shall have the powers of a civil court while trying a
suit for the purpose of discharging its functions under it, which
would provide the decisions of the Commission the legal sanction
necessary for such purpose; and
(v) it empowers the Central Government to amend the Schedule to
add in, or omit from, any University.
5. The Bill seeks to replace the above Ordinance.
ACT 2 OF 2005
The National Commission for Minority Educational Institutions Bill, 2004
was passed by both the Houses of Parliament and received the assent of the
President on 6th January, 2006. It came on the Statute Book as
THE NATIONAL COMMISSION FOR MINORITY EDUCATIONAL
INSTITUTIONS ACT, 2004 (2 of 2005).
AMENDING ACTS
1. The National Commission for Minority Educational Institutions
(Amendment) Act, 2006 (18 of 2006).
2. The National Commission for Minority Educational Institutions
(Amendment) Act, 2010 (20 of 2010).