Posted on April 5, 2010.
critical analysis of the case - TMAP Foundation v. State of Karnataka, AIR 2003 SC 355 - through the perspective of the minority rights to education Other relevant details of the case
Number of points: 450
Bench stand 11 J.
Kirpal, Chief Justice BN
GB Pattanaik
S. Rajendrababu
KG Balakrishnan
Arjit Pasayat
UN Khare
Ruma Paul
Ashok Bhan
Syed Shah Mohammed Quadri
P. Reddy Venkattarama
SNVariappa
Referrals
1) St. Xavier's College Ahmedabad v. State of Gujarat, AIR 1974 SC 1389 7 Judge BENCH
2) In Re The Law on Education of Kerala, [1959] 1 SCR 995. 7JUDGE BENCH
3) v. St. Stephens College University of Delhi (1992) 1 SCC 558 5 JUDGE BENCH
4) TMA PAI Foundation v. Karnataka State, Air 1994 SC 5 JUDGE BENCH 13
5) DCWadhwa. C. State of Bihar AIR 1987 SC 579 5 JUDGE BENCH
6) PA Inamdar & OTRS v. State of Maharashtra AIR 2005 SC 3226 7 Judge BENCH
7) & JP Unni Krishnan v. OTRS Andhra Pradesh, AIR 1993 SC 2178 5 JUDGE BENCH
8) DAV College v. State of Punjab, AIR 1971 SC 1737 5 JUDGE BENCH
9) State of Madras Vs Smt Dorairajan Champakam, AIR 1951 SC 226. JUDGE BENCH 7.
10) and ANR v. Bal Patil Union of India, (2005) 6690 SCC
Minority
Under the title "Monkey hello to a fish" Anthony de Mello says the following -
"What are you doing?" I said to the monkey
When I saw him lift a fish out of water and place it on the branch of a tree
"I'm saving fish from drowning" replied the monkey.
It is feared that even the most benevolent majorities hello have that monkey on minorities. This is illustrated in the invitation, often minorities to immerse themselves in the national movement. The Supreme Court of India was saved from a monkey. The constitution bench of 11 judges in TMA Pai Foundation and others v. State of Karnataka, 2003 had a makeover in the interpretation of constitutional rights of religious and linguistic minorities to establish and administer educational institutions of their choice. Apart from the interpretation of the content and scope of these rights and their juxtaposition with the so-called rights of the minorities like the judges went into the question what is the meaning and content of the term "minorities" in Article 30? The term "minority" was derived from the Latin word "minor" and the suffix "ing" meaning "small number". JA Laponee in his book "The protection of the minority" describes "minority" as a group of people who race, language or religion of the majority of the inhabitants. In the Yearbook on Human Rights UN Publication 1950 ed. minority has been described as non-dominant groups with different traditions, religion or language as the majority population.
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