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2003 Supreme(Cal) 553

D.K.SETH, RAJENDRA NATH SINHA
WEST BENGAL BOARD OF SECONDARY EDUCATION – Appellant
Versus
SILIGURI HINDI HIGH SCHOOL – Respondent


Advocates Appeared:
A.ROY, BIKASH RANJAN BHATTACHARJI, DILIP SAMANTA, M.BHATTACHARJI, MALA DUTTA, S.B.BHUNIYA

D. K. SETH, J.

( 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 exis
















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