The central legal point established in the judgment is that the right of religious minorities to establish educational institutions is subject to permissible regulations in the interests of the minority community and the assessment of educational needs of the locality, as provided under Art.30(1) of the Constitution.

1. The petitioner is the Vicar of the St. Mary's Parish at Anikkampoil, Tiruvampadi, Kozhikode District, and has filed the writ petition in his capacity as the Vicar of the Church under the Ecclesiastical jurisdiction of the Bishop of Tellicherry. He claims authority to represent the Parish, and the Catholic community. The Catholic community in Kerala is a religious minority entitled to the fundamental rights under Art.30(1) of the Constitution to establish and administer educational institutions of their choice. It is alleged that it is the primary religious duty of Catholics to give Catholic education to their children, and for that purpose to establish educational institutions, where Catholic students are taught their religion. Details have been given about the St. Mary's Parish Church, the Catholic families in Anikkampoil, the number of children of school-going age, the area covered by the Parish etc. The petitioner's grievance is that there was no Catholic school in the locality to cater to the needs of the Catholic community from 1963 onwards. The petitioner claims to have applied on behalf of the Parish for recognition and aid for the St. Mary's L. P. School, Anikkampoil, started by the Catholics in the locality. The District Development Committee of Kozhikode at its meeting on 2 31968, it is said, had included the School in its priority list of Schools in the Kunnamangalam education sub district. But still, no sanction was accorded to the School. Ext. P1 is a copy of the reply given to the petitioner by the Collector informing him that no School had been opened at Anikkampoil with the permission of the Education Department, and that the question of granting recognition did not therefore arise. The petitioner was directed to apply to the authorities concerned as and when notification is published for opening new Schools. No notification was published in 1969, 1970 and 1971. But the petitioner claims that sanction was accorded for opening new Schools in those years. It is under these circumstances that the petitioner approached this Court for a writ of mandamus compelling the State Government to accord recognition to the St. Mary's L. P. School, Anikkampoil, and to give it aid given to similar aided Schools in the State, and for other consequential directions. A counter affidavit dated 15 61972 has been filed by the State. There has also been a supplemental counter affidavit. On 6 91974 there was a preliminary order passed on the writ petition by a Full Bench of this Court. The Bench there recorded the assurance given by the Advocate-General on behalf of the Government that if an application in form No.1 is made forthwith, it will be considered expeditiously. The petitioner was directed to apply in Form No.1 for permission to open the School, and if sanction is granted, to apply for recognition of the School in accordance with the Rules. Ext. P5 dated 20 91974 is a copy of the application made by the petitioner. In the counter affidavit of the Government dated 4101974. it has been stated that in far as the educational need of the locality had already been satisfied, the Government did not find the reason given by the petitioner sufficient for another School. The counter affidavit referred to the report of the Assistant Educational Officer, Kunnamangalam, and the sanctioning of a Lower Primary School at Anikkampoil, by a notification published in the Gazette dated 2181973 containing the list of places where Government Lower Primary Schools were to be opened for the year 1973-1974. Ext RI is a copy of the said notification. Anikkampoil was granted a Lower Primary School which started functioning in the academic year 173-74 With that, the educational needs of the locality were satisfied; and according to the Government, there is no need for another School for the locality. The petitioner has filed a rejoinder affidavit dated 16 101974 repeating bis prayer to direct the Government to give permission to open a Sch