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Minority varsities to get immunity

New Delhi, March 7: India is redefining minority education institutions to exempt Aligarh Muslim University and some other varsities from government control over fees, admission quotas and administration.

The government has decided to insulate universities set up and administered by minorities from long-pending regulations on private sector higher education.

The proposed move, coinciding with talk of early elections, will exempt universities like the AMU from OBC quotas that the government is intent on introducing in higher education.

The Prime Minister has already approved the proposed amendments to the National Commission of Minority Educational Institutions Act, drafted by the human resource development ministry.

HRD officials refused to comment on the “sensitive” amendments, except confirming that education minister Arjun Singh himself had ordered the move.

A cabinet note has been finalised, stating the government’s intention to introduce the amendment bill in Parliament before the end of the budget session.

The current law states that a university cannot be recognised as a minority educational institution even if it is set up or maintained by a person or group of people from minority communities. (See chart)

The Centre, however, had declared the AMU and Delhi-based Jamia Hamdard (a deemed-to-be university) as minority educational institutions, drawing a PIL and much controversy two years ago.

Allahabad High Court rejected the decision to grant the AMU — a central university — minority status in 2006. The Centre’s plea against the order is pending in the Supreme Court.

The proposed amendments will for the first time bring universities within the ambit of minority educational institutions.

Justifying the amendments, the cabinet note refers to the Central Educational Institutions (Reservation in Admission) Act, 2006 — the OBC quota law. The act, though passed by Parliament, is pending in the Supreme Court after anti-quota activists challenged the law.

The note explains why the amendment is essential to safeguard the AMU and other minority-run universities from quotas.

Nearly 50 minority deemed-to-be universities, which under the current law stand to lose their special status if upgraded to full-fledged varsities, will also receive complete exemption from government control.

Most of these are privately owned and have complained against planned regulations to monitor fees, admissions and administration of private higher education institutes.

Although the AMU is specifically mentioned in the note, it is unclear whether other government-managed universities like Jamia Milia Islamia or Osmania University (run by the Andhra Pradesh government) will benefit from the amendment.

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