Context:

In an important judgment, the Supreme Court held that the National Eligibility-cumEntrance Test, a single entrance exam for admission to medical and dental courses, would not violate the rights of minorities to run their own institutions.

About:

• The National Eligibility Entrance Test (NEET), formerly the All India Pre-Medical Test (AIPMT), is the qualifying test for MBBS and BDS programs in Indian medical and dental colleges.
• It is conducted by the National Testing Agency (NTA).

Minority educational institutions

• National Commission for Minority Educational Institution Act, 2004 has defined:
  • ‘Minority’ as a community which is defined as according to the central government
  • ‘Minority institution’ as an educational institution that is administered and set up by the minority.

Constitutional rights accorded to minorities:

• Article 30 of the constitution of India gives minorities the right to establish and administer educational institutions of their choice.
• Under Art 30(1)(a), minority educational institutions enjoy the right to education as a Fundamental Right. In case the property is taken over by the state, due compensation to be provided to establish institutions elsewhere.
• Article 30 (1)(b): The right to administer educational institutions of their choice.
• Article 30 (2): No educational institution has a right to get government aid. But under Article 30(2), the state, in granting aid, cannot discriminate against minority institutions.

The highlight of the judgment:

• In its ruling, the bench said,
  • We hold that there is no violation of the rights of the unaided/ aided minority to administer institutions under Articles 19(1) (g) (right to practice a profession) and 30 (right minorities to establish and administer institution) read with Articles 25 (freedom to practice religion), 26 (freedom to manage religious affairs) and 29(1) (right to conserve distinct language and culture).