In Brief
The Supreme Court upheld the jurisdiction of the National Commission for Minority Educational Institutions (NCMEI) to declare an existing educational institution's minority status. The Court held that Section 10 of the 2004 Act applies only to establishing new minority institutions (requiring a no-objection certificate from the competent authority), while Section 11(f) grants the NCMEI original power to decide the status of existing institutions. The NCMEI could validly declare Cluny Women's College as a minority institution even though it was initially established as a secular college, as minorities' fundamental right under Article 30 cannot be waived. The Court overturned the High Court judgment that had invalidated the NCMEI's order and certificate.
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