Mumbai: The Maharashtra School Education Department has clarified that the transfer of management of a non-minority school or educational institution to a minority educational institution will not alter the school's original status. Such a transfer alone will not confer minority institution status or the constitutional protection available under Article 30(1) of the Constitution, according to a Government Resolution (GR) issued by the department.
The clarification comes in response to confusion at the regional level regarding the status of schools following management transfers. While a 2012 Government Resolution permits the transfer of management between minority and non-minority educational institutions through mutual consent, questions had arisen over whether such transfers automatically changed the institution's minority status.
The School Education Department has now made it clear that for an institution to qualify as a minority educational institution, it must satisfy two conditions: it must have been established by a religious or linguistic minority community, and its administration must also remain with that minority community. Fulfilling only one of these conditions is insufficient to claim minority status or the constitutional safeguards provided under Article 30(1).
The government has emphasised that the status of a school is determined at the time of its establishment and does not change merely because its management is transferred. Consequently, a non-minority school will continue to retain its non-minority status even if its management is handed over to a minority educational institution. Such schools will not be entitled to the constitutional protections or special status available to minority institutions.
The resolution also notes that the criteria governing the recognition, administration and regulation of minority and non-minority schools are distinct. While granting recognition, authorities consider factors such as local educational needs, socio-economic conditions, transport connectivity and the availability of educational facilities. These considerations, the government said, reinforce that a management transfer alone cannot alter the legal status of a school.
