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2018 Supreme(SC) 361

ADARSH KUMAR GOEL, ROHINTON FALI NARIMAN
SISTERS OF ST. JOSEPH OF CLUNY – Appellant
Versus
STATE OF WEST BENGAL – Respondent


JUDGMENT

R.F. Nariman, J.

1. Leave granted.

2. In order to decide the present batch of appeals, for the sake of convenience, the facts from the civil appeal arising out of Special Leave Petition (Civil) No.35786 of 2016 have been taken. The Sisters of St. Joseph of Cluny is a society registered under the West Bengal Societies Registration Act, 1961, being founded on 26.3.1973. Clause 3(b) of the Memorandum of Association of the petitioner-society states:

“To acquire, take over, rent, provide, establish, aid, maintain, administer and/or run colleges, schools, institutions, hostels, houses, associations, libraries, reading rooms, or any other activity with education for its purpose for all persons, primarily for Catholics but also for all other persons, irrespective of religion, race, caste, community or social status.”

3. The society, in a letter dated 16.12.1997 addressed to the Inspector of Colleges, North Bengal University, made it clear that it did not seek minority status or special concessions – it wished to establish a college on secular lines. On 10.1.1998, the Inspector of Colleges, North Bengal University, submitted his inspection report, in which he mentioned that origina





























































































































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