The central legal point established in the judgment is that the rights of minority educational institutions under Article 30(1) of the Constitution of India remain unaffected even after they receive total aid and financial assistance from the Government, and any direction infringing this right would be void.

JUDGMENT - R.M. LODHA, J.:---The petitioners in this writ petition have principally prayed that the Government Resolutions dated 27-3-1991 (Exhibit A) and 23-3-1994 (Exhibit B) be declared ultra vires unconstitutional, null and void and in the alternative for a writ or mandamus or any other writ, order or direction to respondents forbearing them from applying the directions in the Government Resolutions dated 27-3-1991 and 23-3-1994 to the school run by the petitioners.

2. Bombay Institution for Deaf and Mutes is petitioner No. 1 before us which is a public trust registered under the provisions of Bombay Public Trusts Act, 1950. Petitioner No. 2 is the trustee of petitioner No. 1. Petitioner No. 1 institution is established by a religious minority, namely, Roman Catholic Community. The members of petitioner No. 1 trust are all Roman Catholics. It is petitioners case that petitioner No. 1 trust was created by an Indenture dated 19-12-1902. The Memorandum of Association of petitioner No. 1 provides for education to male and female deaf and mutes of all classes and of all characters so as to enable them to earn an independent livelihood in their life and useful members of the society. Petitioner No. 1 trust was established mainly for the purpose of imparting education to the needs of male and female deaf and mutes of all sections of the society and in attainment of the said objective, the petitioners have been running the school for deaf and mutes which has also been registered by Director of Education. It is petitioners' case that for the purpose of imparting education to the male and female deaf and mutes, the petitioners engage various types of teaching and non-teaching staff consisting of Principal, Special teachers and other necessary staff. The appointments are made in accordance with Rules and Regulations and Stipulations laid down by the Government of Maharashtra. The petitioners have averred that there is a selection committee called Selection Committee for appointment of teaching and non-teaching staffs which make appointments in the school run by petitioner No. 1 trust. Appointments are made after vacancies for the posts are advertised and selection is completed by the Selection Committee. It is endeavour of petitioner No. 1 trust that the person appointed for the post of teachers and other members of staff possesses requisite qualifications prescribed by respondent No. 1 and are in all respects suitable to undertake the task of imparting special education to the deaf and mutes. Petitioner No. 1 is a fully aided school recognised by the Board of Education, but the same is controlled by Director of Social Welfare (respondent No. 2 herein). By Government Resolution dated 27-3-1991, respondent No. 1, that is Government of Maharashtra, gave direction to the Department of Social Welfare respondent No. 1 in regard to the reservations of the posts to be made in favour of the schedule castes and schedules tribes while making appointments to the teaching and non-teaching posts in the institutions under the control of respondent No. 1. The said resolution is marked as 'Exhibit A'. Yet another resolution dated 23-3-1994 (Exhibit B) was issued through which respondent No. 1 was to ensure that if there were more than 10 employees employed in any educational, institution receiving grant-in-aid from the Government, 34% Reservation Scheme as formulated by Rule 42(4) of the Special School Code for schools for Handicappedis mandatorily followed. The petitioners seek to challenge the aforesaid Government Resolutions as being violative of their fundamental right under Article 30(1) of the Constitution of India. The petitioners' grievance is that by applying aforesaid two Government Resolutions, their right to select and appoint the necessary teachers and staff in their institution which is crucial and fundamental part of right to administer the said institute is affected and their fundamental right of appointing teachers of their choice i

Click Here to Read the rest of this document