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High Court Of Calcutta
Monoranjan Mallick
MARWARI BALIKA VIDYALAYA - Appellant
Versus
WEST BENGAL BOARD OF SECONDARY Education - Respondent
Matter 153 Of 1988
Decided On : 08/04/1989
ARTICLE 30 - EDUCATIONAL INSTITUTIONS OF MINORITIES - RIGHT TO ESTABLISH AND ADMINISTER - EXTENT OF REGULATORY MEASURES - APPEAL AGAINST DISMISSAL OF EMPLOYEE OF A MINORITY EDUCATIONAL INSTITUTION - REASONABLENESS OF REGULATION - JURISDICTION OF APPEAL COMMITTEE.
Fact of the Case:
The petitioners, a registered society, established and managed a school named Sri Shikshayatan. The school was recognized by the West Bengal Board of Secondary Education and received government aid. The respondent No. 4 was employed as an accountant in the school. He was dismissed from service on the ground of misconduct. He filed an appeal to the Appeal Committee of the Board of Secondary Education, which allowed the appeal and directed his reinstatement. The petitioners challenged the decision of the Appeal Committee by filing a writ petition in the High Court.
Finding of the Court:
The High Court held that Sri Shikshayatan was an educational institution established and administered by a linguistic minority community, namely, the Marwari community. Therefore, it was entitled to the protection under Article 30 (1) of the Constitution. The Court further held that the provision for appeal to the Appeal Committee of the Board of Secondary Education was a reasonable regulatory measure which did not infringe the fundamental right of the petitioners under Article 30 (1) of the Constitution. The Court also held that the Appeal Committee had the necessary jurisdiction to hear the appeal of the respondent No. 4.
Issues: 1. Whether Sri Shikshayatan was an educational institution established and administered by a linguistic minority community? 2. Whether the provision for appeal to the Appeal Committee of the Board of Secondary Education was a reasonable regulatory measure? 3. Whether the Appeal Committee had the necessary jurisdiction to hear the appeal of the respondent No. 4?
Ratio Decidendi: 1. The Court held that Sri Shikshayatan was an educational institution established and administered by a linguistic minority community, namely, the Marwari community. The Court relied on the fact that the school was established by the Marwari community, that the land and buildings were purchased with funds raised from the Marwari community, and that the school was managed by a Board of Trustees consisting of members of the Marwari community. 2. The Court held that the provision for appeal to the Appeal Committee of the Board of Secondary Education was a reasonable regulatory measure which did not infringe the fundamental right of the petitioners under Article 30 (1) of the Constitution. The Court relied on the fact that the Appeal Committee was an independent body headed by a member of the judicial service, that it was required to follow the principles of natural justice, and that its decisions were subject to judicial review. 3. The Court held that the Appeal Committee had the necessary jurisdiction to hear the appeal of the respondent No. 4. The Court relied on the fact that the West Bengal Secondary Education Act, 1963 provided for a right of appeal to the Appeal Committee against the dismissal of an employee of a recognized institution.
Final Decision: The writ petition was dismissed.
( 1 ) THE petitioners pray for a writ of Mandamus commanding the Respondents to forthwith to withdraw and/or cancel and/or rescind the impugned decision dated 19th December 1987 of the appeal Committee of the West Bengal Secondary Education Board as communicated by the letter No. 5043-G dated 29th January, 1988 being annexure 'u' to the writ petition and to forbear from giving any effect to. the same in any manner whatsoever, and for further consequential reliefs :
( 2 ) THE petitioners state as follows : the petitioner No. 1 Marwari Balika Vidyalaya is a registered society duly registered under the Societies Registration Act 1860. The objects of the petitioner No. 1 were and still are, inter alia, to impart, promote and spread education in Arts, Science and Commerce to girls and women and to do other acts, deed and things as are incidental or conducive to the attainment of the said object. The said society was established by the members of the Marwari community in the city of Calcutta who are all citizens of India. The said Marwari community is a distinct class which has a distinct language which is exclusively used and spoken by the Marwari community and has a script as 'muria'.
( 3 ) SINCE about early 18th Century people mainly businessmen from the- Western part of India which is now called as "the State of Rajasthan", came down to Bengal in connection with trade and commerce. With the growth of industry, the influx of Marwari community in West Bengal and particularly in the city of Calcutta increased and they formed and still form a distinct minority community in the state of West Bengal.
( 4 ) TO get rid of the initial hesitation of the orthodox Marwari families in sending their children to schools and colleges, a few social reformers the Marwari community started in or about 1920 under the name and style of "marwari Balika Vidyalaya" and the same was managed exclusively by the members of the Marwari community. The Marwari Balika Vidyalaya being the petitioner No. 1 was registered under the Societies Registration Act 1860 on 7th September, 1951. After its registration society undertook an expansion programme and initiated a drive for collection of donation from the members of the Marwari community which the land and the buildings were purchased at 11, Lord Sinha Road Calcutta. Inor about 1954 a school by the name of Shri Shikshayatan was started at 11, Lord Sinha Road, Calcutta. The said school "sri Shikshayatan" has been established by the Marwaris in West Bengal, a minority community based, inter alia on language, culture and heritage and has acquired a right under the Constitution of India to administer the said educational institution according to their choice. Ever since its inception the aforesaid educational institution in respect whereof the provision of Article 30 of the Constitution of India apply, is run by its Managing Committee. As such, the West Bengal Board of Secondary Education has power to interfere with tits management nor could they have any say in the composition, powers and functions of its Managing Committee. Under the provision of Rule 33 of the Management of Recognised Non-Government Institutions (aided and unaided) Rules, 1969 the said society applied to the West Bengal Board of Secondary Education for its Special Constitution and the Board had from time to time framed such rules for the composition of the Managing Committee of the said school. The petitioners further state that as an educational institution run by minority community provisions of Management of Recognised Non-Government institution (aided and unaided) Rules 1969 did not apply to the said rules was institution and the application made to the respondent authority under the said rules made by way of abundant caution and could not have amounted to a waiver or relinguishment of any right.
( 5 ) BY a purported notice dated 23rd April, 1986, the Respondent, Bengal Board of Secondary Education purported to appoint a
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