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1986 Supreme(Gau) 110

B.L.HANSARIA, K.N.SAIKIA
Paul Petta – Appellant
Versus
Director of Public Instructions, Government of Meghalaya and Others – Respondent


Advocates Appeared:
S.K.Homchoudhuri, S.Dutta, P.k.Goswami, N.Dutta, Meghalaya, K.K.Dey, D.N.Choudhury, A.Sarma, A.M.Mazumdar

Saikia, J. -

Ubi aliquid conecditur, conceditur et Ld sine quo res ipsa esse non potest- when anything is granted, that also is granted without which the thing granted cannot exist. When the right to administer an educational institution of one's own choice is granted, that also is granted without which the right to administer cannot exist. What is the extent of the right given by Article 30 of the Constitution of India to minorities based on religion to administer educational institutions of their choice established by them I Can such minorities administer such an institution entirely in accordance with their religious rules and commitments even when those are in conflict with the rights which the employees of similar but non-minority edu­cational institutions would have earned I Would it make any defference when the employees are, and when they are not members of the religious body itself ? Are these bodies subject to the principles of natural justice while administering such an institution ? These are some of the precise questions that arise in this writ petition under the following facts and circumstances.

2. The St. Anthony's College, Shillong, hereinafter refer­red to as ' the
































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