The central legal point established in the judgment is the interpretation and application of Article 30 of the Constitution of India, providing protection to minority educational institutions.

JUDGMENT :

Pradipta Ray, J. - St. Catherine Girls' High School, Raikia in the district of Kandhamal represented by the Secretary of its Managing Committee has filed this writ application for declaration that the said St. Catherine Girls' High School (hereinafter referred to as "the School") is an educational institution established and administered by the Christians, a minority based on religion and is entitled to get the benefit of the rights guaranteed under Article 30 of the Constitution of India and for setting aside the order No. 5048 dated September 20, 1999 issued by the Administrative-cum-Accounts Officer, Office of the Inspector of Schools, B. K. Circle, Phulbani (Annexure-13 on the basis that the School is a general direct-payment institution and its Managing Committee and become defunct.

2. Admittedly a Primary School for girls was opened in Raikia in 1952 by the Cuttack Roman Catholic Diocesan Corporation, which is a Roman Catholic Mission (hereinafter referred to as "Catholic Mission"). From July 1, 1961 the said Primary School was upgraded to an M.E. School. By Resolution No. 6 dated May 17, 1975 the Managing Committee of the said St. Catherine Girls' M.E. School took a decision to upgrade the existing M.E. School into a High School. The Arch Bishop, Chairman of the Roman Catholic Diocesan Corporation by a deed of gift donated Ac. 1.51 decimals of land for the purpose of setting up the proposed High School. It has been specifically mentioned in the said deed that if the property donated for the purpose of establishing a Girls' High School is at any point of time used contrary to the interest of the aforesaid Roman Catholic Mission, the gift would stand revoked and the property would revert to the donor. The State Government was duly moved for recognition of the said High School. By letter dated September 22, 1976 the Director of Public Instructions, School & Mass accorded permission to open Class VIM in the Catherine Girls' High School from Academic Session, 1976-77 (Annexure-25). It was mentioned in the said letter that the School was opened in the year 1975-76. The recognition was granted with the conditions that the Management would not demand any grant-in-aid from Government for 5 years, that the School would be housed in pucca building and that the other conditions prescribed in the Orissa Education Code and Regulations of the Board of Secondary Education would be fulfilled. By letter dated July 15, 1977 the departmental recognition was accorded to the School subject to fulfilment of the terms and conditions contained in the Orissa Education Code. The Classes IX & X were recognised by the Board of Secondary Education by its letter dated December 18, 1978.

3. The Managing Committee of the School was being reconstituted and such reconstitution was sent for approval of the Inspector of Schools. The Inspector of Schools also approved the constitution and reconstitution of the Managing Committee under Article 308 of the Orissa Education Code. Last approval was given by the Inspector of Schools on October 10, 1980. Orissa Education (Management of Private Schools) Rules, 1980 (hereinafter referred to as "Private Management Rules, 1980") were framed in exercise of the powers conferred by Sub-section (1) of Section 27 of the Orissa Education Act, 1969 and brought into effect from August 27, 1980. Section 2 of the Orissa Education Act, 1969, expressly provided that nothing contained in the said Act would apply to education institutions established and administered by minorities having rights under Article 30(1) of the Constitution. Department of Education and Youth Services, Government of Orissa, issued letter No. 40296-EYS dated November 11, 1982 to the Directorate of Schools making it clear that the Private Management Rules, 1980 would not apply to the minority institutions. Relevant extract from the aforesaid letter was forwarded to the Secretary of the School by the Inspector of Schools by Memo No. 7053 dated Decembe