08 January 2014
We are forming a Trust to run a school in Maharashtra.Recently a high court judgement was passed that minority unaided trust do not come under the RTE. We would like to know that if we register a minority trust does it imply that we have to cater to only the said minority as beneficiaries or we can keep it open for all
08 January 2014
not necessarily...minority institutes do give admission to students from other communities too...but the majority admissions are given to the minority community.
16 January 2014
Thank You Mr. Nikhil. For further clarification, Sir, does it mean that we always have to maintain a 51% minority admissions in our school.
02 August 2025
Great question, and it's an important one for anyone forming a **minority educational trust** or institution like a school in **Maharashtra** or anywhere in India.
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## ✅ Answer: Do Minority Institutions Have to Maintain 51% Minority Admissions?
### 🔹 Short Answer:
**No, there is no strict legal requirement** under Indian law that a **minority educational institution** must **maintain exactly 51% minority admissions** at all times.
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## 🔍 Explanation:
### What the Law Actually Says:
1. **Constitutional Protection:**
* Article **30(1)** of the Indian Constitution grants **religious and linguistic minorities** the **right to establish and administer educational institutions** of their choice. * Such institutions are protected and enjoy certain exemptions (like from the RTE Act, as per court rulings).
2. **Minority Status:**
* To claim minority status, the institution must be established and administered **by a recognized minority community**. * It is **not mandatory** to **exclusively serve** that minority group. * However, the **institution must demonstrate its commitment to serving the minority’s educational interests**, particularly during **inspection or verification for minority status certification**.
3. **51% Rule?**
* The idea that "51% of students must be from the minority community" is **a guideline**, **not a law**. * It is often used **administratively** by the **National Commission for Minority Educational Institutions (NCMEI)** or state minority departments **as a benchmark** to **grant or continue minority status**. * If your school has **less than 50% minority students**, it could raise a **question about the genuineness** of the minority institution’s purpose—but it doesn’t automatically cancel your status.
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## ⚖️ Court View:
* **T.M.A. Pai Foundation case (2002)** and **P.A. Inamdar case (2005)**: Supreme Court upheld the rights of minority institutions to **admit students from other communities**, while maintaining their **minority character**. * You can have **open admissions**, but the institution should continue to **promote the educational interests of the minority community** that founded it.
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## 📌 Summary:
| Point | Clarification | | ----------------------------------------- | ------------------------------------------------------------------------- | | **Need to serve only minorities?** | ❌ No. You can admit students from all communities. | | **Is 51% minority admission compulsory?** | ⚠️ Not legally mandatory, but recommended to preserve minority character. | | **Can you open admissions to all?** | ✅ Yes, especially if you're an unaided private minority institution. | | **Do you still get RTE exemption?** | ✅ Likely yes, if your status is recognized as minority and unaided. |
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Would you like help drafting the **objectives clause** in your trust deed to reflect its **minority institution status while being inclusive**?
CAclubindia
