A minority institution must serve or promote the interests of the minority community in some manner to be entitled to the benefits available to minority institutions.

B. P. JEEVAN REDDY, J.

( 1 ) THE first and important question that arises in these writ petitions is, whether the petitioner-institution is a minority institution within the meaning of Art. 30 of the constitution of India. While the petitioner asserts that it is a minority institution, the respondents deny the same and assert that in the petitioner-institution only secular education is imparted as per the syllabus prescribed by the Education Department and that the management is trying to hide its misdeeds, taking shelter under the plea that it is a minority institution. It is averred by the respondents that the petitioner-institution is in receipt of grant-in-aid and that, the correspondent of the institution has also given a declaration that the management will follow strictly the conditions of recognition laid down in the Andhra Pradesh Education Rules. It is further submitted that at no point of time earlier, did the correspondent or any other representative of the petitioner-institution ever assert that this was a minority institution.

( 2 ) THE petitioner-school terminated the services of one of its teachers, Sri S. V. Subba Rao, against which order he filed an appeal before the District Educational Officer. The D. E. O. found that the order of termination is bad and directed reinstatement. W. P. No. 4829/80 is preferred against this order. While refusing to implement the orders of the D. E. O. aforesaid, the petitioner-school appointed one Smt. G. Satyavati Devi in place of Sri S. V. Subba Rao, and asked the department to release the grant. The respondents refused to do so on the ground that the appointment has been made contrary to the Rules and the directions issued by the competent authorities. W. P. No. 1430/1981 is preferred for issuance of a direction to the respondents to recognize the appointment of Smt. G. Satyavati Devi to the said post, and for release of the relevant grant. The petitioners case is that"the main aim and purpose of organizing this educational institution is to give education to the local backward classes, particularly the Christians of the locality". It is stated,"with this purpose, a society is registered with No. 23/1957-58 under the name of S. N. P. Elementary School as per the provisions of Societies Registration (Act), Hyderabad Public Societies Registration Act No. 1 of 1350 Fasli. All the Managing Committee members and President are Christians. The sole object is to maintain and protect the minority character of this institution. So this educational institution is started by Christians, to be managed and controlled by Christian community alone. . . . . . . . . . . . . . . . . . . . ".

( 3 ) ARTICLE 30 of the constitution of India guarantees to all minorities, whether based on religion or language, the right to establish and administer educational institutions of their choice. It declares further that the State shall not, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language. This is a right given to the minorities as such, and not to an individual member of the minority. The minorities have the right to establish an educational institution of their choices (see Ahmedabad St. Xaviers College v. State of Gujarat, AIR 1974 SC 1389: and Rev. Father W. Proost v. State of Bihar, AIR 1969 SC 465 ). They may choose to establish an educational institution, devoted mainly to teaching of religious tenets, or the language of the minority, as the case may be, or they may establish an an educational institution for imparting general secular education as is imparted in Govt. schools and Colleges. The choice is theirs. These institutions need not be meant for , or confined to the students of that particular minority. They may freely admit students of all communities, with the possible result that the majority of students come to be drawn from other communities. The m

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