An educational institution established by an individual or group of individuals - whether constituting a society or not - belonging to a minority community cannot ipso facto be treated as a minority institution.

( 1 ) WHEN does an educational institution become a "minority educational institution" within the meaning of, and for the purpose of Art. 30 of the Constitution ? That is the question arising in these writ petitions. The question is of great significance because the character of a minority educational institution carries with it a good amount of privilege and protection, which is not available to non -minority educational institutions. In the matter of recruitment of staff, admission of students, disciplinary control over staff and students and in many other respects, these institutions are very much free of governmental control. Probably for this reason we find a surfeit of institutions claiming this character. minorities are of two types - religious and linguistic. In the State of Andhra Pradesh, and for the purposes of laws made by the A. P. Legislature, all those whose mother-tongue is not Telugu are linquistic minorities. Similarly, all non-Hindus are minorities. Even among the Hindu fold, several denominations and sects have been recognized as religious minorities for the purpose of Art. 30. For example, Arya Samajists are recognized as a religious minority (AIR 1971 SC 1737); Brahmo Samajists are recognized as a religious minority. Similarly, even within Christian religion, the Church of South India is recognized as a denomination among Christians within the meaning of Art. 30. On this reasoning, many other denominations and sects within each religion can claim the minority status : a truly confusing and uncertain situation. Instances have come to the notice of this Court where a person, a family or a group of persons (whether as a group or as a society) belonging to a religious or linguistic minority, has established an educational institution and promptly claimed minority educational institution status for it. The institution so established imparts purely secular education. It has no programme or course promoting the language (if it claims to be a linguistic minority), or the religion or culture (if it claims to be a religious minority) of that minority. In all respects, it is just like any other educational institution - except that it is established and maintained by a person, family or group of persons belonging to a particular religious or linguistic minority. The particular minority community as such has no say either in its establishment or its running. They claim that while they are entitled to recognition, affiliation and aid like any other educational institution, they shall not be subject to same amount of control or regulation. A certain amount of autonomy is claimed by these institutions. How are we to deal with such claims ? On what criteria and on what principles ? Unfortunately, neither Art. 30 nor any other Article in the Constitution - and for that matter, any provision in any legislative enactment - furnishes any guidelines in the matter. Hence, an exercise by judiciary has become necessary. Let us first notice the facts. W. P. No. 552 of 1986 : The petitioner in this writ petition is Andhra Kesari Educational Society. According to the averments in the writ affidavit, it was registered in 1982 under the Societies Registration Act; having Regd. No. 141/82. It applies to the Government for permission to establish a College of Education. Finding that there was no response, the petitioner filed a writ petition in this Court and obtained a direction to the Government to consider its application in accordance with law. The Government considered the petitioner s application accordingly, and rejected it on the ground that the Collages of Education already in existence in the State are sufficient to meet the need of trained teachers in the State and, therefore, there is no need to establish a new College of Education. This ground was held to be unsustainable in law and on facts by a Bench of this Court, which directed the Government to consider the petitioner s application in accordance with