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High Court Of Calcutta
S. B. SINHA, S. N. BHATTACHARJEE
SHIVA NAND PANDEY - Appellant
Versus
BHAGWAN DAS HARLALKA - Respondent
M. A. T. 4040 Of 1998
Decided On : 05/21/1999
Whether a school is a minority institution merely because it was established by some Hindi speaking people and can, as of right, claim minority status with a view to get protection under Art. 29 and/or Art. 30 of the Constitution of India.
Fact of the Case:
The school was established in the year 1940 by some Hindi speaking people of Calcutta, who were Marwaries. In the year 1951, a trust deed was executed and registered. The sole aim and object of the trust was to impart education. In the year 1984, the writ petitioner filed a writ petition claiming that the school was a minority institution and, therefore, is entitled to appoint its own Head Master in view of the decision of the Apex Court in N. Ammad v. Manager, Emjay High School. The learned Judge allowed the writ petition and held that the school was a minority institution and, thus, is entitled to the protection of Art. 30 of the Constitution of India.
Finding of the Court:
The court held that merely because a school has been established by some Hindi speaking people, it cannot be said that the school is a minority institution and is entitled to the protection of Art. 30 of the Constitution of India. The court further held that the school in question was not established for the promotion of language and cultural for particular linguistic minority and, therefore, it is not a minority institution.
Issues: Whether the school is a minority institution merely because it was established by some Hindi speaking people and can, as of right, claim minority status with a view to get protection under Art. 29 and/or Art. 30 of the Constitution of India.
Ratio Decidendi: The court held that a school is a minority institution only if it is established for the promotion of language and cultural for particular linguistic minority. The court further held that the school in question was not established for the promotion of language and cultural for particular linguistic minority and, therefore, it is not a minority institution.
Final Decision: The court dismissed the writ petition and held that the school in question is not a minority institution and, therefore, is not entitled to the protection of Art. 30 of the Constitution of India.
( 1 ) THESE appeals raise a question as to whether only because a school has been established allegedly by some Hindi speaking people, they as of right, can claim minority status with a view to get protection under Art. 29 and/or Art. 30 of the Constitution of India.
( 2 ) F. M. A. No. 742 of 1987 arises out of a judgment and order dated 4-7-1985 passed in Civil Rule No. 15274 (W) of 1984 whereby and whereunder the writ petition filed by the 1st respondent herein was allowed.
( 3 ) M. A. T. Nos. 4040 of 1998 and 4099 of 1998 have been filed by the teacher in-charge and the members of the Managing Committee of the school in question known as Anglo Hindi High School against an interim order dated 25th November, 1998 passed by a learned single Judge of this Court whereby and whereunder an order of injunction in terms of prayer (f) and (g) the writ application was granted, inter alia, on the ground that this Court in a decision dated 4th July, 1985 (Bhagwandas Haralalka v. State of West Bengal, reported in (1986) 1 Cal LJ 293 declared the school to be a minority institution and, thus, is entitled to appoint its own Head Master in view of the decision of the Apex Court in N. Ammad v. Manager, Emjay High School, reported in (1998) 6 SCC 674 : (AIR 1999 SC 50 ).
( 4 ) FACTS:-ON or about 2-1-1940 a school in the name and style of Ramrickdas Harlalka School was established. Allegedly, the school was constituted (not established) by some Hindi speaking people of Calcutta (who are Marwaries ).
( 5 ) A girls' section was opened in the said school in the year 1946. In the said school there were two sections - one Bengali Medium Section and another Hindi Medium Section. Allegedly in terms of the regulation of the University thence prevailing, the Hindi Medium School was treated to be a separate school. The said school was provisionally recognised by Calcutta University on or about 10-12-1940. The name of the said school was changed in the year 1947 to Anglo India High School which was also approved by the said University. The name of the said school was again changed to Adarsh Hindi High School.
( 6 ) ALLEGEDLY in the year 1950, the members of the Managing Committee of the school decided to create a Trust for management of the school. A bare perusal of the deed of trust would show that the sole aim and object thereof was 'to impart education.
( 7 ) A trust deed was executed on 6th April, 1951 and registered on 24th April, 1953. A building was purchased with the fund lying with the trust. Amongst others, one Sri M. D. Sukla was also a trustee. Admittedly, the West Bengal Board of Secondary Education in purported exercise of his power conferred upon him under S. 27 (2) read with S. 50 of the West Bengal Board of Secondary Education Act, 1963 as amended, appointed Administrator in respect of other Adarsha Hindi High School. The said Trust opened on 12 branches of the school as stated in details in paragraph 2 of the writ petition which is the subject-matter of F. M. A. T. No. 742/87.
( 8 ) OUT of the 12 branches, two branches were granted special constitution, by the West Bengal Board of Secondary Education as regard formation of the Managing Committee in the following manner :-"1. Nominees of the Adarsh Hindi High School Trust in the Category of Donors. . . 22. Guardians (to be elected ). . . 43. Teachers (To be elected from among the teachers of the School ). . . 3 4 4. Person interested in Education (To be elected from the Locality ). . . 25. Medical Practitioner (to be elected from the locality ). . . 16. Headmistress (Ex-office ). . . 17. Director of Secondary Education. . . 1total14"
( 9 ) ADMINISTRATORS were appointed to manage the affairs of the school by the West Bengal Board of Secondary Education on 19th April, 1978, 13th November, 1978, 13th January, 1980 and 23rd December, 1980.
( 10 ) SHRI Sunil Kumar Mukherjee who was appointed as Administrator on 23rd December, 1980 wrote a letter to the Headmistre
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