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1988 Supreme(Cal) 173

Umesh C.Banerjee
Maheswari Balika Vidyalaya – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates:
Advocate Appeared:
Atin Banerji, Dipankar Ghosh, Jayanta Mitra, Malay Basu, N.K.Manna, N.N.Gooptu, P.K.Mallick, Suprakash Banerjee

JUDGMENT

1. FOR the purpose of conservation of language and culture by way of establishment of educational institutions for the minority community, the farmers of our Constitution thought it fit to incorporate Article 30 (1) since establishment of such an institution will effectively serve the needs of the community and to provide opportunities for scholars and other eminent persons to propagate a useful career - either as an educationist or otherwise for the benefit of the minority community. Language of Article 30 (1) of our Constitution as used by the farmers is significant. Article 30 (1) provides:

"all minorities whether based on religion or language shall have their right to establish and administer educational institutions of their choice. "

2. THE expression "minorities'' has a very wide import by reason of the user of the expressions "religion" or "language". Anyone of those two criteria would be able to bring home the right to establish and administer educational institution. The expression "choice" also is of very wide import since the educational institution established and administered by minority need not be of any particular class nor is it necessary that admission shou





























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