The concept of Sikhs as a minority for the purpose of Articles 29 and 30 of the Constitution is not controlled by the definition of 'Sikh' under the 1925 Act. The impugned notifications were ultra vires, violating the right of equality and public interest, and declared void.

, J.

1. This petition seeks quashing of notification dated 13.4.2001, Annexure P.7 declaring Sikh Educational institutions in the State of Punjab to be minority and permitting them to reserve 50% seats for the members of Sikh Community. Further, direction has been sought for quashing notification dated 26.4.2006 (Annexure P11) and notification dated 18.6.2007 (Annexure P.10). Vide notification dated 18.6.2007, certain institutions have been allowed to divide NRI seats equally between the Government quota and the management quota. A direction has also been sought for quashing notification dated 1.8.2007 (Annexure P8) fixing the separate fee structures for Government quota and management.

2. Case set out in the petition is that the petitioner passed his +2 examination in the year 2007. He appeared for counselling but was not selected. His chance of selection was affected on account of 50% seats having been exclusively reserved for the members of the Sikh community in violation of Article 14 of the Constitution, vide notification dated 3.4.2001, Annexure P.7. Further, notification dated 18.6.2007 was issued permitting minority quota and NRI seats to be divided between the government quota and minority quota, thereby affecting meritorious candidates. Notification dated 26.4.2006 has also been issued under section 2(f) of the Punjab Private Health Sciences Educational Institutions (Regulation of Admission, Fixation of Fee and Making of Reservation) Act, 2006 declaring that Christians and Sikh Institutions run by the Shiromani Gurdwara Parbandhak Committee (SGPC) to be minority institutions for the purpose of the Act (Annexure P.11). The said notification was also contrary to law laid down by the Honble Supreme Court. Prayer made is that if declaration of Sikhs as minority is declared void, the petitioner has every chance of getting admission on his own merit. It has also been stated that Sikhs are in majority in the State of Punjab but the basis of the impugned notification Annexure P.7 is that number of Sikhs was minority in the country which was not legally permissible basis.

3. In the reply filed on behalf of the State, stand taken is that under section 8 of the Act, complaints could be filed for violation of the Act or directions or notification and, therefore, the writ was not maintainable. Affected students and affected institutions have not been impleaded as parties and on that ground also, the writ petition was not maintainable. On merits, it has been stated that declaration of institutions run by the SGPC as minority institutions vide notifications dated 3.4.2001 and 25.4.2006 was valid. Question of minority should be interpreted liberally as held in re : The Kerala Education Bill, 1957 (Special Reference No. 1 of 1958), AIR 1958 SC 956 (at Page 986).

The SGPC has been constituted under the Sikh Gurdwara Act, 1925 (in short, the 1925 Act) for better administration of Sikh Gurdwaras. The SGPC is an inter-State body as per Section 72 of the Punjab Reorganisation Act, 1966 and has electoral jurisdiction outside the State of Punjab also. The SGPC also looks after the Sikh minority community in all the States and is, thus, a minority organisation. Under Section 2(9) of the 1925 Act, the word Sikh is defined as under :-

"Sikh means a person who professes the Sikh religion or, in the case of deceased person, who professed the Sikh religion or was known to be a Sikh during his life time.

If any question arises as to whether any living person is or is not a Sikh, he shall be deemed respectively to be or not to be a Sikh accordingly as he makes or refuses to make in such manner as the State Government may prescribe the following declaration :-

I solemnly affirm that I am a Sikh, that I believe in the Guru Granth Sahib that I believe in the Ten Gurus, and that I have no other religion."

Section 49 of the 1925 Act lays down the qualifications for the electors. Number of Sikh voters in the year 2004 was 53,57,988 and as against