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Citing SC rulings, MLA calls for exemption of minority schools from reservation roster policy

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By Our Reporter

SHILLONG, June 18: Rajabala MLA Mizanur Rehman Kazi has urged the state government to exempt minority community-managed grant-in-aid educational institutions from the mandatory implementation of the reservation roster system, calling the policy a violation of constitutional guarantees and a threat to the autonomy of such schools.
In a memorandum to Chief Minister Conrad K. Sangma, Kazi highlighted the implications of select government notifications, which mandate the application of the reservation roster in all aided schools, including those run by minority communities.
The MLA pointed out that this blanket application contravenes Article 30(1) of the Constitution of India, which gives minorities the right to establish and administer educational institutions of their choice.
He said that this autonomy includes the right to appoint staff and manage internal governance without external interference—a right upheld by the Supreme Court in landmark judgments such as T.M.A. Pai Foundation vs. State of Karnataka (2002) and P.A. Inamdar vs. State of Maharashtra (2005).
Kazi also noted that minority-run schools in remote areas, especially in the plain belt of West Garo Hills, are not only educational institutions but also centres for preserving linguistic and cultural identity, protected under Article 29(1) of the Constitution.
The reservation policy, he argued, threatens this role by imposing administrative and hiring controls that do not align with the unique socio-cultural objectives of these institutions.
He also drew attention to the operational disparities between these institutions and government-run schools. While they receive partial state funding, teachers in such schools are not classified as government employees and are denied benefits such as pensions and job security.
Imposing the same reservation framework on them, he said, is inequitable and not justified by the level of state support provided.
According to the memorandum, the forced application of the roster system could dilute the distinct character of these schools, discourage community participation and ultimately affect the quality of education.
It also warned that such a policy shift could undo years of trust and goodwill built between the minority communities and the state government.
Kazi also said that the Supreme Court has consistently held that reservation policies cannot be imposed on minority institutions unless they voluntarily choose to implement them. The principle that State aid does not equate to State control, he said, must guide the government’s approach.
In light of these concerns, the MLA requested the chief minister to immediately reconsider the decision and issue an exemption for all minority community-managed grant-in-aid schools, particularly those in deficit and ad hoc categories in the plain belt of West Garo Hills.
He also called for a meaningful consultation with stakeholders such as community leaders, school management committees and legal experts to develop a policy that is inclusive, constitutionally sound and respectful of the educational and cultural mission of minority institutions.
Kazi expressed hope that the government, under the leadership of Conrad K. Sangma, would uphold constitutional values and protect the rights of Meghalaya’s diverse communities by ensuring that minority-run schools are not unfairly burdened under a one-size-fits-all administrative framework.

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