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2012 Supreme(SC) 967

R.M.LODHA, ANIL R.DAVE
Governing Body of P. A. E. M. College – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. A. Mariarputham, Dr. M.P. Raju, Ms. Mary Scaria, Mr. Ashwani Bhardwaj, Mr. James Thomas
For the Respondents: Mr. Jayesh Gaurav, Ms. Priyanka, Mr. Anil K. Jha, Mr. Gopal Prasad, Mr. Rudhreshwar Singh, Mr. Gopal Jha, Mr. Sanjay Jain, Mr. P. George Giri, Mr. V.K. Sidharthan

ORDER :

CIVIL APPEAL NO. 3070 OF 2004:

The appellants are the original petitioners in the Writ Petition filed by them before the Jharkhand High Court. In the Writ Petition, the principal challenge was to the order passed by the Government of Jharkhand holding that the college, renamed as Paramveer Albert Ekka Memorial College (first appellant), was not a minority institution entitled to the protection of Article 30(1) of the Constitution of India. While dealing with the above Writ Petition along with other Writ Petitions, the High Court proceeded to observe that the question that had to be decided by the Government was whether the institution was established by a minority community. The High Court observed in the impugned order that there was no adequate material or conclusive material on the basis of which one could come to the college that first appellant college was established by a minority community or that it was established exclusively by a minority community. The High Court further found that all the relevant materials have been considered by the Government and, therefore, the order of the Government could not be faulted. Accordingly, the High Court dismissed the Writ Petitio















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