B.L.HANSARIA, T.N.SINGH
Sushil Kumar Sen and another – Appellant
Versus
State of Assam and others – Respondent
HANSARIA, J. :- There are two important articles in the constitution which protect the cultural and educational rights of the people of the country. They are Articles 29 and 30 and these have been incorporated in the part dealing with the mental rights. Of these two provisions, the one with which we are mainly concerned is Article 30 which sates that -
"30 Right of minorities to establish and administer educational institutions (1) All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.
(1A) * * *
(2) The State shall not, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language." 2. The petitioners are attached to a minority institution the same being "Vivekanand Vidya Mandir M. E. School."
There is no denial that this school belongs to the Bengali community who have to be regarded as a linguistic minority in this State. What has led the petitioners to approach this Court is reconstitution of the Managing Committee of the School by a
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