Applying the AMU Doctrine The Case for Minority Status of the Vaishno Devi Medical Institute

Introduction

The constitutional right of minorities to establish and administer educational institutions has long stood as a cornerstone of India’s pluralistic identity. Article 30(1) of the Indian Constitution enshrines this right, granting religious and linguistic minorities the freedom to shape their educational institutions and curriculum. While historically debated, the Supreme Court’s recent decision in the Aligarh Muslim University v. Naresh Agarwal (AMU) case has brought renewed clarity to the legal tests governing minority status. In this light, the controversy surrounding the Shri Mata Vaishno Devi Institute of Medical Excellence (SMVDIME) presents a timely and significant question: Can a medical institution established and governed by the Shri Mata Vaishno Devi Shrine Board, a Hindu religious body, qualify as a minority institution under Article 30?

The question of whether SMVDIME qualifies as a minority institution has immediate practical stakes for governance and access to education. Recognition under Article 30 would ensure constitutional protection for the Institute’s right to administer its affairs and set management and admission policies, and it would directly affect reservation, funding and regulatory interactions between the Shrine Board and the government. In short, minority status here is not merely doctrinal, it determines who controls appointments and admissions, what reservation quotas and aid rules apply, and how the balance of minority institutional autonomy and equality obligations will be struck.

This blog examines the question from a legal and constitutional perspective, arguing that SMVDIME indeed meets the criteria for minority status. Despite being founded by a statutory body, the institute reflects the religious and charitable objectives of the Hindu community, which constitutes a demographic minority in the Union Territory of Jammu and Kashmir. Drawing on the multi-factor “indicia” test laid out in the AMU ruling, and examining the institutional origins, purpose, funding, and control of SMVDIME, this analysis contends that the college was established by and for a constitutionally recognised minority and thus is entitled to the protections afforded under Article 30. 

Article 30 and Minority Rights in Education

Article 30(1) of the Indian Constitution guarantees that “All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice. In interpreting this provision, the Supreme Court in the recent AMU judgment clarified that an institution’s minority character depends on multiple indicators of its origin, purpose, funding and administration. Essentially, it held that even if an educational institution is created by statute, this “incorporation” does not by itself negate an establishment by the minority community. In other words, a legislative enactment can be the vehicle for recognising an institution, but the substance, i.e. who conceived, funded, and runs it, determines whether the institution qualifies as a “minority institution” under Article 30. Applying these principles to the SMVDIME, established by the Vaishno Devi Shrine Board, the blog-post seeks to show that the institute fits the constitutional criteria for minority status.

Although Hindus are a religious majority nationally, they constitute a minority community in the Union Territory of Jammu & Kashmir. Although the most recent official census with religion data is from the 2011 census data, which shows Jammu & Kashmir’s population is about 68.32% Muslims and only 28.44% Hindus. Updated demographic estimates based on post-2019 boundaries, excluding Ladakh, show that within the current Union Territory of J&K, Muslims constitute about 67.5% of the population, while Hindus make up approximately 29.6%. This demographic fact is significant for Article 30, confirming that Hindus remain a religious minority in the context of the UT of J&K. The guarantee is not limited to the national context, but applies to minorities within a given state or territory.  This understanding is approved by the Supreme Court in T.M.A. Pai Foundation & Ors v. State of Karnataka & Ors. that held that for the purpose of Article 30, minorities are to be considered state wise and not nationally. Here, Jammu & Kashmir’s Hindu community, tied to the shrine of Mata Vaishno Devi, is a minority community and hence is covered under Article 30. 

Vaishno Devi Board: Religious Character and Autonomy

The Vaishno Devi Board is a statutory body dedicated to managing the Hindu shrine of Mata Vaishno Devi. It is a creation of the Shri Mata Vaishno Devi Shrine Act, 1988, “to provide for the better management, administration and governance of Shri Mata Vaishno Devi Shrine and its endowments, including the land and buildings attached or appurtenant to the Shrine”. Under the Act, the Shrine Board’s operations are autonomous and self-contained. The Board is headed by the Governor of J&K (as ex officio Chairman) or a Hindu nominee if the Governor is not Hindu, and includes members “selected for their service to Hindu religion or culture” as per the Board’s constitution. This statutory framework ensures the Board’s composition and mission are intimately tied to the Hindu faith. Its entire endowment, the Shrine Fund and assets are vested in the Board, to be used for shrine related purposes. Importantly, although created by a statute, the Board functions as an independent body (with its own CEO and management), and its mandate cannot be overridden by any other scheme or custom. In effect, the Shrine Board is a religious trust institution of the Hindu community. Any educational initiative it undertakes must be viewed through that lens, as it reflects the Board’s religious-charitable objectives namely, serving the devotees of the Mata Vaishno Devi shrine.

Establishment of SMVDIME and Its Objectives

In line with its welfare mission, the Shrine Board recently established the SMVDIME, which is a medical college with an associated super speciality hospital, conceived to improve healthcare in J&K. As the Institute’s website explains, “the Shri Mata Vaishno Devi Shrine Board (SMVDSB) initiated the construction of a Super speciality Hospital at Kakryal, Katra, as an integral part of the Shri Mata Vaishno Devi Institute of Medical Excellence (SMVDIME)”. In other words, SMVDIME was initiated by the Shrine Board to serve the public health and medical education needs of the region. Because the Institute was conceived and implemented by the Hindu Shrine Board, it “inherits” the religious character and objectives of its sponsor. It aims to improve medical care for pilgrims and locals and fits squarely within the Shrine Board’s charitable remit. This is fully compatible with Article 30, which protects institutions founded by minorities even if their immediate purpose is secular or universal. Indeed, Chandrachud CJ. emphasised that “it need not be primarily for the benefit of the religious or linguistic community” and the education need not be “in the language spoken by the minority or on the religion of the minority”. 

Applying the AMU “Indicia” Test to SMVDIME

The AMU judgment enunciated a multi-factor “indicia” test for minority institutions. The following section will apply this test to SMVDIME:

Genesis of the Institution: 

Tracing the genesis of SMVDIME demonstrates that it was the brainchild of the Shrine Board, an exclusively Hindu institution. As noted, SMVDSB “initiated” and financed the project. This parallels cases where a minority community’s own leadership conceived an educational venture. In AMU, Chandrachud’s first test was to “trace the genesis” by identifying “the origin of the idea of the establishment” and any involvement of a minority member. Here, the origin lies clearly with the Hindu Shrine Board.

Purpose of Establishment: 

The Shrine Board aimed to enhance healthcare and medical education in J&K. Although this is not a religious or linguistic purpose, Article 30’s test allows secular objectives as long as they stem from a minority run institution. SMVDIME furthers the charitable purposes of the Hindu denomination, i.e. serving pilgrims (mostly Hindus) and the public, which can be characterised as religiously motivated welfare work. The AMU judgment emphasised that the purpose need not be exclusively for the minority community or in its language. Here, the Hindu shrine trust founded SMVDIME to benefit humanity. This fulfils the AMU ruling that the generality of purpose does not bar minority status.

Implementation, Funding and Assets: 

Implementation and fundings further confirm Hindu community’s central role in the case of SMVDIME, as the Shrine Board, supported by donations from Mata Vaishno Devi devotees (Hindus), financed and constructed the facilities. The “implementation” phase (land acquisition, funding, construction) was driven by the Board. As the AMU ruling explains, courts should look to “who contributed the funds in the establishment of the institution, who purchased the lands or whether the land was donated by a person of the minority community, who obtained relevant permissions, and constructed the buildings and the infrastructure”. Even if there is government approval or some state support now, Justice Chandrachud specifically held that state aid provided after the institution’s establishment does not alter its minority character.

Administration: 

AMU ruling asserts that administration need not be exclusively in minority hands; rather, the key question is whether the administrative structure “affirms the minority character”. Here, SMVDIME is administered under the Shrine Board’s authority. The Shrine Board’s Chairman (the J&K LG) and CEO oversee the medical college, and any governing committees are drawn from the Board’s leadership. This means the governing apparatus remains embedded in the Hindu community’s institution. In AMU, Chandrachud clarified: “It is not necessary to prove that administration vests with the minority…Administration follows the establishment and is therefore a consequence, not a precondition. Therefore, the test is whether the administration affirms the minority character of the institution”. The SMVDIME satisfies this test as it is governed by the SMVDSB, which comprises primarily Hindu devotees as its members, and clearly affirms its character as a Hindu established institution.

Conclusion

The SMVDIME is a minority educational institution protected under Article 30. Demographically and constitutionally, Hindus are a protected minority community in J&K. The Shrine Board that founded SMVDIME has a distinct religious and charitable character and possesses an autonomy in governance, reflecting the Hindu community’s interests. Applying the Supreme Court’s AMU indicia test, considering the Institute’s genesis (Hindu initiated), purpose (Hindu charitable welfare), implementation (Hindu funded and driven), and administration (Hindu managed). SMVDIME clearly aligns with an institution “established by” a religious minority. The fact of legislative incorporation or government support does not negate this status. Thus, SMVDIME merits Article 30 protection as a minority run college reflecting the religious and charitable objectives of Jammu & Kashmir’s Hindu community. For an institution to be classified as minority-run, after satisfying the AMU Indicia, it must seek administrative certainty by applying for a Minority Status Certificate through the State competent authority or, wherever appropriate, through the National Commission for Minority Educational Institutions. By being classified as a minority-run institution, SMVDIME will vest the prima facie authority to administer admissions and set reasonable admission criteria consistent with its minority character (including the ability to allocate seats in favour of the community subject to constitutional limits), greater protection from arbitrary state interference in governance and staffing, and the legal protection to manage internal administration such as appointments, internal rules, and management structure according to its religious-charitable objectives. However, these protections are not absolute, SMVDIME would still remain subject to reasonable regulatory requirements ensuring minimum educational standards, affiliation norms and public-interest restrictions, but minority-run status would provide a constitutionally-backed scope of autonomy to the Shrine Board to preserve the Institute’s character and pursue its stated charitable purpose for Jammu & Kashmir’s Hindu community.

Author Bio: Shivam is a second-year law student at Dharmashastra National Law University, Jabalpur. He has a keen interest in legal research and writing, with a special interest in studying contemporary issues under constitutional law.