In TMA Pai Foundation vs. State of Karnataka the Supreme Court was of view that the right enshrined under Article of the Constitution is a regulatory right and the regulations must satisfy a dual test namely, the test of reasonableness and the test that it is regulative of the educational character of the institution and is conducive to making the institution an effective vehicle of education for the minority community. That being so we are amending Section of the Act so that it does not circumscribe the width and ambit of Article of the Constitution. The proposed amendment will ensure that issuing of NOC, wherever required, is made subject to law in force and not left to the executive discretion in each State. Finally, clause of the aforesaid Act conferes power upon the National Commission for Minority Educational Institutions to decide on the minority status of an educational institution sub-clauses of said clause, as it stands, provides that the Commission may, after giving the parties to the appeal an opportunity of being heard, and in consultation with the State Government, decide on the minority status of the educational institution and shall proceed to give such directions as it may deem fit, and all such directions shall be binding on the parties. It is proposed to do away with the requirement of consultations with the State Governments before deciding on the status of the Minority Educational Institution  because in most of the cases the State Government are already parties in the petitions coming to the Commission on appeal, and hence the State Governments should not, it is felt, be given a second chance as this will vitiate the principle of natural justice. With these words, I move for the consideration and adoption.
