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1954 Supreme(Bom) 26

M.C.CHAGLA, Y.V.DIXIT
Bombay Education Society – Appellant
Versus
State of Bombay – Respondent


JUDGMENT - Chagla, C.J.

1. These three petitions raise very important questions, first, as to the right of an Anelo-Indian school to admit non-Anglo-Indian students, and second, the right of non-Anglo-Indian students to be admitted to an Anglo-Indian school. The school with which we are concerned is the Barnes School which was founded in 1925. In December 1953 it had on its roll 415 students of whom 203 were non-Anglo-Indians and 212 were Anglo-Indians. It appears that in the whole State of Bombay there are 30 Anglo-Indian schools and the percentage of non-Anglo-Indian students studying in these schools Is 63 per cent, and the percentage of Anglo-Indian students studying in these schoolsis 37 per cent.

It may also be mentioned that in the whole State of Bombay there are in all 1403 schools out of which 1285 teach through mediums other than English and 118 teach through the medium of English, As far as this school is concerned it has got 17 teachers of whom only one teacher is in a position to teach through the medium of Hindi and he takes up Hindi classes and teaches the students Hindi. On 6-1-1954, the Government of Bombay issued an order which is challenged in these petitions.

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