In Brief
Sisters of St. Joseph of Cluny sought a declaration that Cluny Women's College, initially established as a secular institution, be recognized as a minority educational institution. The NCMEI granted this status, but the High Court invalidated the order, holding the NCMEI lacked original jurisdiction. The Supreme Court reversed, holding that Section 11(f) of the 2004 Act empowers the NCMEI to declare the status of any existing institution as a minority educational institution, including those established before the Act. The competent authority's jurisdiction under Section 10 applies only to new institutions prospectively; the NCMEI's powers operate in a separate domain. The Court upheld the NCMEI's declaration and certificate, affirming that the fundamental right under Article 30 cannot be unilaterally waived.
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