Non-minority schools retain status despite management transfer

The GR refers to the state’s 2012 policy, which allows, with mutual consent, the transfer of management between non-minority and minority educational institutions

The Maharashtra school education and sports department, in a government resolution (GR) issued on Wednesday, stated that non-minority schools will continue to remain non-minority institutions even if their management is transferred to a minority educational institution, putting to rest confusion over the legal status of such schools.

According to the resolution, a transfer of management alone does not automatically confer minority status on a school. (REPRESENTATIVE PHOTO)

According to the resolution, a transfer of management alone does not automatically confer minority status on a school. The clarification follows reports of uncertainty at the field level over whether non-minority schools acquire minority status after being taken over by minority educational institutions.

The GR refers to the state’s 2012 policy, which allows, with mutual consent, the transfer of management between non-minority and minority educational institutions. However, the government has now made it clear that such transfers do not alter the original character or legal status of the institution.

Citing Article 30(1) of the Constitution, the government said minority status is available only to educational institutions that are both established and administered by a religious or linguistic minority community. Fulfilling only one of these conditions is not sufficient to claim minority status.

The government noted that a school’s status is determined at the time of its establishment and does not change merely because its management is transferred. As a result, schools originally established as non-minority institutions will not be entitled to the constitutional protections available to minority educational institutions after such transfers.

The GR states that while considering proposals for transfer of management, authorities must continue to assess factors such as local educational needs, socio-economic conditions, transport connectivity and students’ academic requirements. It also emphasises that the regulatory norms governing minority and non-minority institutions remain distinct and must continue to be applied accordingly.

Issued with the approval of the law and judiciary department, the GR adds that if any inconsistency arises with the minority development department’s policy, the concerned department will take steps to resolve it and implement a revised policy.