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High Court Of Calcutta
D. K. SETH, RAJENDRA NATH SINHA
WEST BENGAL BOARD OF SECONDARY EDUCATION - Appellant
Versus
SILIGURI HINDI HIGH SCHOOL - Respondent
M. A. T. 1497 Of 1998
Decided On : 11/13/2003
SILIGURI HINDI HIGH SCHOOL - MINORITY INSTITUTION - ARTICLE 30 OF THE CONSTITUTION OF INDIA - MANAGEMENT OF RECOGNISED NON-GOVERNMENT INSTITUTION (AIDED AND UNAIDED) RULES, 1969 - CONSTITUTIONAL LAW - RIGHT TO ESTABLISH AND ADMINISTER EDUCATIONAL INSTITUTIONS - EDUCATIONAL INSTITUTIONS OF THEIR CHOICE - EDUCATIONAL INSTITUTIONS OF MINORITIES - MEANING OF 'MINORITY' - ESTABLISHMENT AND ADMINISTRATION OF EDUCATIONAL INSTITUTIONS BY MINORITIES - MARWARIS IN SILIGURI AS A LINGUISTIC MINORITY - ESTABLISHMENT OF THE SCHOOL BY THE MARWARI COMMUNITY - ADMINISTRATION OF THE SCHOOL BY THE MARWARI COMMUNITY - REFUSAL OF MINORITY STATUS TO THE SCHOOL BY THE GOVERNMENT - CHALLENGE TO THE REFUSAL - JUDGMENT OF THE SINGLE JUDGE UPHOLDING THE MINORITY STATUS OF THE SCHOOL - APPEALS BY THE BOARD, THE STATE AND THE INTERVENOR - DISMISSAL OF THE APPEALS - HELD, THE SCHOOL WAS ESTABLISHED AND ADMINISTERED BY THE MARWARI COMMUNITY, A LINGUISTIC MINORITY, AND WAS ENTITLED TO MINORITY STATUS UNDER ARTICLE 30 OF THE CONSTITUTION.
Fact of the Case:
The Siliguri Hindi High School was established in 1935 by the Hindi speaking Marwari business community of Siliguri. The school was managed by the Marwari community until 1966. In 1981, a society was formed and registered under the Societies Registration Act. The society claimed minority status for the school in 1980. The DIOS took steps to appoint a Drawing and Disbursing Officer (DDO) for the administration of the school on the ground that there was no valid Managing Committee in terms of the 1969 Rules. The school challenged the order and obtained an interim order from the High Court. The Division Bench of the High Court directed the State Government to consider the question of minority status of the school. The Secretary, Education Department determined that the Marwaris in Siliguri are minorities and the school is entitled to minority status. The order was challenged in a writ petition. The Single Judge upheld the minority status of the school. The Board, the State and the intervenor preferred appeals against the judgment of the Single Judge.
Finding of the Court:
The High Court held that the Marwaris in Siliguri are a linguistic minority and the school was established and administered by the Marwari community. The Court further held that the refusal of minority status to the school by the Government was not justified. The Court set aside the order of the Secretary, Education Department and directed the Secretary to grant special constitution to the school within a period of six months. The Court also directed the school to reconstitute its Managing Committee within a period of six months and furnish the particulars of the Committee to the DIOS, the Secretary, Education Department and the Board.
Issues: 1. Whether the Marwaris in Siliguri are a linguistic minority? 2. Whether the school was established and administered by the Marwari community? 3. Whether the refusal of minority status to the school by the Government was justified?
Ratio Decidendi: 1. The Court held that the Marwaris in Siliguri are a linguistic minority based on the fact that they speak Hindi in a Bengalee dominated area. The Court also noted that the Marwaris have a distinct culture and script. 2. The Court held that the school was established and administered by the Marwari community based on the following facts: - The school was established in 1935 by the Hindi speaking Marwari business community of Siliguri. - The school was managed by the Marwari community until 1966. - The society formed in 1981 was not involved in the establishment of the school. 3. The Court held that the refusal of minority status to the school by the Government was not justified. The Court noted that the school satisfied the test of establishment and administration by minorities and that the subsequent acceptance of donation from members outside the community and aid from the State did not change the minority character of the school.
Final Decision: The appeals filed by the Board, the State and the intervenor were dismissed. The order of the Secretary, Education Department refusing minority status to the school was set aside. The Secretary was directed to grant special constitution to the school within a period of six months. The school was directed to reconstitute its Managing Committee within a period of six months and furnish the particulars of the Committee to the DIOS, the Secretary, Education Department and the Board.
( 1 ) THESE three appeals by consent of the parties were taken up together for hearing in view of the fact that these appeals arise out of the one and the same judgment passed by the learned Single Judge in Writ Petition no. 2234 (W) of 1998 on 7th April, 1998. The respective appellants had challenged the order appealed against on various grounds founded upon the same set of facts involving identical question of law. 1. 1. The principal question that arises for our determination is as to whether the respondent Siliguri Hindi High School is a minority institution within the meaning of and protection guaranteed under Article 30 of the Constitution of india. Facts:
( 2 ) THE Siliguri Hindi High School was established as an Anglo Hindi English medium School in 1935 by the Hindi speaking Marwari business community of siliguri after this community had felt in 1934 the need to establish an Anglo hindi English Medium School. It also appears that local several merchants' association had fostered the school after having felt the necessity of starting a hindi Medium School for education of the children of the Hindi speaking people. This school is alleged to have come into existence in 1932. It seems that this school is the beginning or genre of the Siliguri Hindi High School with English as medium of instruction. The property of the school is now comprised of a huge area of land (28 Bighas) acquired by purchase as well as through donations mainly by the people of the Marwari community. However, 5 Bighas of the land appears to have been donated by two Bengalees in 1954 and 1955. The first land was purchased in 1939; then there was a donation in 1940 and purchase in 1954. Until 1966, the school was being managed all along by marwari community of Siliguri, the community instrumental in the establishment of the school. This fact does not seem to be in dispute. 2. 1. A society, namely, Siliguri Hindi High School was set up in 1981 and was registered under the Societies Registration Act. Until 1979 the management of the school was never interfered with. On 26th August, 1961 the Managing committee was reconstituted strictly according to the Revised School Code. The School Committee wrote to the District Inspector of Schools, Darjeeling (DIGS) on 28th August, 1961 for placing departmental nominee in the reconstituted Managing Committee. The BIOS regretted its inability on the ground that there was no provision for placing departmental nominee to an unaided school. Ultimately the school started receiving grant in the form of DA since 1966 and in the form of salary deficit from 1980. The school did not claim minority status until 1980. On 17th September, 1981, the society wrote to the board for special constitution on the basis of the Memorandum of Association and Rules and Regulations of the society so formed. On 24th February, 1982, the society repeated its prayer. It does not seem to appear that any steps were taken with regard to the claim of linguistic minority status by the society or was replied to. 2. 2. On the other hand, in 1983, the DIOS took steps under the Management of Recognised Non-Government Institution (Aided and Unaided) Rules, 1969 (1969 Rules) for appointment of Drawing and Disbursing Officer (DDO) for the administration of the school on the ground that there was no valid Managing committee in terms of the 1969 Rules. But this step could not fructify on account of an interim order granted on 7th December, 1983 by this Court on a writ petition being C. O. No. 12145 (W) of 1983 filed by the school. This civil order was ultimately disposed of on 30th January, 1997 by directing the Board to consider the question of grant of special constitution and take a decision in accordance with law by passing a speaking order within the time stipulated therein or within such time as may be extended by the Board. It had also directed continuance of status quo as was prevailing on the date of the said order viz: 30th January, 19
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