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High Court Of Orissa
P. C. MISRA, A. K. PADHI
BERHAMPUR DIOCESAN CATHOLIC SCHOOL MANAGING COMMITTEE - Appellant
Versus
STATE OF ORISSA - Respondent
ORIGINAL JURDN. CASE 4969 Of 1991
Decided On : 07/21/1992
MINORITY EDUCATIONAL INSTITUTION - RIGHT TO ESTABLISH AND ADMINISTER - SCOPE AND AMBIT - REGULATORY MEASURES - INTERFERENCE WITH MANAGEMENT - APPOINTMENT OF TEACHERS - CONSTITUTIONAL PROTECTION - ART. 30 OF THE CONSTITUTION.
Fact of the Case:
The petitioner, a minority community-based educational institution, challenged the interference of the Inspector of Schools in the management of the school and the non-approval of the appointment of a Physical Education Teacher by the Director, Secondary Education.
Finding of the Court:
The court held that the school was established by a minority community based on religion and that the founders or their nominees had the right to administer and manage the school. The court further held that the educational authorities had no right to encroach upon the fundamental right of the founders or their nominees by constituting or reconstituting the Managing Committee of the School.
Issues: 1. Whether the educational institution in question is clothed with protection of Art. 30 of the Constitution? 2. To what extent the educational authorities can interfere with the administration of a school established by a minority community based on religion?
Ratio Decidendi: 1. Article 30 (1) gives all minorities whether based on religion or language two rights, namely, the right to establish and the right to administer educational institutions of their own choice. 2. Though the minority community has the right to establish and manage an educational institution of it's choice, it does not have the right of automatic recognition of affiliation. 3. Fundamental right guaranteed under Art. 30 (1) cannot be surrendered or waived either fully or partly. 4. The authorities cannot make the grant-in-aid conditional on the surrender of a part or whole of fundamental right guaranteed under Art. 30 (1). 5. Interference with the management in the shape of either taking over the management or reconstitution of it in effect destroyed the right guaranteed under Art. 30 of the Constitution. 6. The standard of education is not a part of the management as such. The standard concerns the students and is governed by considerations of the advancement of the country and its people. Such regulatory measures which do not encroach directly upon management but advances the cause of the students can be imposed by the authorities. 7. The right to administer does not include the right to maladminister. The State and its authorities have the right to regulate the standard of education and allied matters. Minority institutions cannot be permitted to fall below the standard of excellence expected of educational institutions. They cannot decline to follow the general pattern of education under the guise of exclusive right of management. 8. The excellence of education provided by an institution would depend directly on the teaching staff and, therefore, the educational authorities have the right either to approve or disapprove the appointment of a teacher if they find him ineligible or unsuitable to impart education to the students.
Final Decision: The writ application was allowed, and the educational authorities were directed not to interfere with the management of the school. The educational authorities were also at liberty to scrutinise and find out whether the Physical Education Teacher in question was eligible and suitable to be appointed as such.
A. K. PADHI, J.
( 1 ) PRAYING for issuance of writ of mandamus directing the opposite parties not to interfere in the administration and management of the educational institution, namely, Technical High School, Surada, the petitioner has approached this Court.
( 2 ) IN the writ application it has been asserted that the Technical High School, Surada, situated in the district of Ganjam was established in the year 1954 by the Roman Diocesan Corporation, Cuttack, which is a minority community based on religion, for imparting education. The authorities had from time to time recognised the said school to have been established by the minority community. The institution in question is a recognised one and has received full grant-in-aid from Government up to 1986. Since the institution in question was established by a minority community based on religion with due approval of the authorities, it is clothed with protection of Art. 30 of the Constitution.
( 3 ) THE grievance of the petitioner is two fold - (A) In the year 1986 the Inspector of Schools interfered with the management of the school and constituted a Managing Committee, term of which had already expired. The persons managing the affairs of the school submitted a proposal for reconstitution of the Managing Committee which was not approved by the Inspector of Schools. The Inspector of Schools in his turn wrote a letter to the Director, Secondary Education, Orissa requesting to approve the proposal for reconstitution of the Managing Committee submitted by him. (B) On 1-7-1991 the Secretary of the Technical High School, Surada, appointed one Sri Ajit Kumar Behara as the Physical Education Teacher on the recommendation of the Selection Board which had conducted the interview on 24-6-1991. Though Sri Ajit Kumar Behera was eligible to be appointed as such teacher, opposite party No. 3 has not yet approved his appointment. It is submitted that interference in administration amounts to infraction of the right guaranteed under the Constitution.
( 4 ) IN support of the assertion that the educational institution was established by a minority community based on religion, several documents have been filed. Some of the documents relevant for the purpose of adjudication are referred. Annexure-1 is the certificate of incorporation of "the Cuttack Roman Catholic Diocesan Corporation, Cuttack". In the said memorandum of association it has been clarified that the expression "roman Catholic" means members of Catholic religion who acknowledge the Bishop of Rome to be the supreme religious head. Annexure-2 is the certificate of registration of societies so far as the Roman Catholic Diocesan, Berhampur is concerned. Annexure-9 is a letter dated 21-5-1955 wherein the then Inspector of Schools, Southern Circle had informed the Bishop of Cuttack that he had recommended the opening of a Technical High School by the Mission of Surada and recognised Class VIII in the session 1964-65. Annexure-10 is the sanction accorded on temporary basis to the opening of Class VIII during the session 1954-55. Annexure-6 is a letter dated 7-7-1983 from the Deputy Director, Secondary Education, Orissa to the Inspector of Schools, Ganjam wherein the Deputy Director had informed the Inspector that since the Technical High School, Surada was the Mission managed institution run and administered by them it did not come under the provisions of Orissa Education Act, 1969 and Orissa Education (Management of Private Schools) Rules, 1980 for which the Director of Secondary Education had no jurisdiction to pass any order regarding the retirement of the Headmaster of Technical High School, Surada. Letter of Inspector of Schools dated 27-7-1989 (Annexure-4) to the Director, Secondary Education, Bhubaneswar indicates that the school in question is being managed by the Christian Mission since 1954 as a minority community school. However, Annexure-5 is a letter dated 12-8-1991 from the Inspector of Schools, Ganjam Circle, Berhampur (
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