( 1 ) WHO are the "minorities based on religion" under Articles 30 (1) of the Constitution qualitatively and not merely numerically ? To consider this question, not covered by authority, it is useful to read Article 30 (1) which is as follows :

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

( 2 ) THE Arya Samaj in this and in Civil Writ 1110 of 1974 on the one hand and the Jains in Civil Writ 96 of 1975 and the Sikhs in Civil Writ 660 of 1974 on the other hand have claimed to be "minorities based on religions" within the meaning of Article 30 (1 ). If the claim is proved, they would have the right to establish and administer educational institutions of their choice. They contend that certain provisions of the Delhi School Education Act, 1973 and the Rules framed thereunder as also of certain circulars issued and administrative acts done in pursuance of them are invalid to the extent of their repugnancy to the fundamental rights guaranteed by I Article 30 (1 ). The Union of India, the Delhi Administration and the Directorate of Education, Delhi, on the one hand, a