Writ Petition (C) No. 2/1985.

1. In this Writ Petition, the Court is called upon to interpret for the first time the provisions of clause (1A) of Art.30 of the Constitution of India. Cl. (1A) was introduced in the Constitution by the Constitution (Forty-fourth Amendment) Act, 1978.

Art. 30, subsequent to the forty-fourth amendment, reads thus:-

"30. Right of minorities to establish and administer educational institution.

(1) All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.

(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 writ petitioner is a religious minority institution founded by the members of the Society of Jesus, which is a religious congregation in the Catholic Church. The petitioner has established and is administering an educational institution called the St. Joseph's College in Tiruchrappally, Tamil Nadu. The college was established more than 150 years ago. It has been accorded autonomous status