Par panel not keen on bringing universities under NCMEI

Updated on: Thursday, November 26, 2009

New Delhi: A proposal aimed at amending the National Commission for Minority Educational Institutions (NCMEI) Act to empower the statutory body to award minority status to universities has not found favour with a Parliamentary Standing Committee.

The government had introduced the NCMEI Amendment Bill in the last session of Parliament. The Bill, which was referred to a Standing Committee, sought to change the definition of minority educational institution to cover universities under the NCMEI Act.

The Department-Related Parliamentary Standing Committee on HRD, which today presented its report to Parliament, said that such a move may lead to legal complexities in future. The NCMEI Act says that a minority educational institution means a college or institution (other than a university) established or maintained by a person or group of persons from among the minorities.

The proposed amendment seeks to delete the words 'other than a university' from the definition of the minority institution. At present, universities are given minority status by amendment of their respective Acts. But changing the definition of minority institutions under NCMEI Act would have brought the universities under the ambit of NCMEI. This would have helped the NCMEI to award minority status to universities.

The NCMEI Act provides the right to any person to establish a minority educational institution. Any person interested in establishing a minority institute may apply to the Competent Authority for grant of No Objection Certificate (NOC).

In the event of non-receipt of NOC within 90 days, the applicant would be entitled to commence and proceed with the establishment of minority educational institution. The Standing Committee headed by Oscar Fernandes said that deletion of the terms 'other than university' in the definition of minority institutions will help certain groups and individuals set up universities with disregard to the
existing procedure to establish such institutions.

'The Committee notes that with the inclusion of 'University' within the meaning of 'Minority Educational Institution', the above provision (the provision to set up minority educational institution in the event of non-receipt of NOC within 90 days) will be applicable to universities to be set up... However, it is also true that for establishing a university, law is required,' the committee said.

As per the present practice, a university can be set up under an Act of Parliament or state legislature. Bringing universities under the ambit of NCMEI will help certain groups or individuals to establish a university without any legislation, it observed.

Par panel not keen on bringing universities under NCMEI

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