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National Commission for Minority Educational Institutions was formulated to protect the rights of minorities and also to safeguard the interests of minority institutions in India. It also ensures the right to establish own educational institutions which is guaranteed as per Article 30 of Constitution of India.Recently, the Chhattisgarh High Court held that it was not mandatory for the Minority Educational Institutional to admit 25 percent students from weaker sections as per the Right of Children for Free and Compulsory Education.
A writ petition was filed by the Christian community pertaining to the matters of those minority institutions which are derecognized for not admitting 25 % students from weaker sections as per the provisions of Section 12 (1) (c) of Right of Children to Free and Compulsory Education Act, 2009. Justice Sanjay K Agarawal after examining this matter, contended that the certificate provided by the authorities as per the NCMEI Act, 2004, is binding on the state government unless it is set aside by the authority having the jurisdiction and it is enclosed as per Section 2 (g) of the NCMEI Act, 2004. The Court held that if a certificate is issued by the authorities having the jurisdiction as per the NCMEI Act, 2004, it cannot induce to get the certificate from an authority appointed by the Government.
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