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2000 Supreme(Gau) 315

D.BISWAS
Arya Samaj, Shillong and another – Appellant
Versus
State of Meghalaya and others – Respondent


Advocates Appeared:
S. P. Roy, C. Barua, N. Alam and M. F. Quareshi, B. P. Marngar, Sr. Govt. Advocate, Meghalaya and V. K. Jindal

Judgement

This petition under Article 226 of the Constitution has been preferred for two-fold directions, namely, (i) for declaration that the Meghalaya Aided Higher Secondary, Secondary, Upper Primary School Management Committee Rules, 1997, as unconstitutional and void and; (ii) for a direction to the respondents to approve the Managing Committee of the Arya Kanya Vidyalaya High School as proposed by the Arya Samaj vide Annexure 9.

2. I have heard the learned counsel for both the parties in details. For the purpose of resolving the dispute at hand, it would first be necessary to decide as to whether the Arya Kanya Vidyalaya High School is a religious minority institution within the meaning of Article 30(1) of the Constitution.

3. At the outset, it would be relevant to have a glimpse over the characteristics of the Arya Samaj as it would facilitate a decision as to whether this school established by them is a religious minority school within the meaning of Article 30(1) of the Constitution. The Arya Samaj is a registered Society established in the year 1935 by the Hindi speaking people of Shillong who have joined the Samaj as members. The Memorandum of the Samaj (Annexure 1) spell o











































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