To be classified as a minority, the unit to be taken into consideration is the State concerned. Once it is established that within a particular State a community is a religious/linguistic minority, it has the right to establish and administer an educational institution of its choice.

JUDGMENT

Sudhir Mittal, J. - The primary dispute between the parties is whether respondent No.3-school is a minority educational institution within the meaning of Article 30(1) of the Constitution of India. The other issues on which a decision is sought are related to the said primary issue and arise on account of actions taken in respect of the said core issue.

2. A society known as The Kabir Educational Society-respondent No.2 was incorporated vide Memorandum of Association dated 15.09.1976 and the same was registered as a Society under the Societies Registration Act, 1860 (hereinafter referred to as the 1860 Act) on 30.11.1976. It was set up for advancing knowledge and education and for setting up and managing public schools for fulfilling this aim. Hereinafter, The Kabir Educational Society-respondent No.2 shall be referred to as the Society. It applied for allotment of land for establishing a school and land was allotted to it vide allotment letter dated 13.10.1988 issued by the Chandigarh Administration. A building was constructed on this land for which a completion and occupation certificate was obtained in the year 1990. A school-respondent No.3 (hereinafter referred to as the school) has been functioning from the said building since the academic session 1991. The society was incorporated as a secular entity as is evident from the objects thereof enumerated in the Memorandum of Association dated 15.09.1976. The same are reproduced below:-

'2. Objects of the Society:

The objects for which the Society is established are:-

(i) The advancement of knowledge and education in all its forms.

(ii) The management of public schools especially in Chandigarh and generally in whole of India for imparting such education as said,

(a) the mental, physical, moral, cultural and general development of children,

(b) the fostering in children the higher values of life, such as good character, purity of thought, word and deed, discipline, espirit-de-corps, comradeship, spirit of service and a sense of duty;

(c) the training and grooming of the taught for the service of the Nation, the Country and humanity at large;

(d) the promotion of arts science and technology for its application to the progress, peace and prosperity of the country.

(iii) The taking of measures of providing scholarships to the deserving children,

(iv) To hire, purchase, acquire, hold and dispose of property and to do generally all such acts and things which may be necessary for the accomplishment of the aforesaid objects.

(v) The Society will be a non-profit earning Organization. Its income and property shall strictly and exclusively be used towards the promotion of the aforesaid objects of the Society. No member shall be entitled to receive any share from the profits.'

3. The Memorandum of Association was amended vide amendment dated 24.12.1994. By the said amendment, an introductory paragraph was inserted in the objects of the society which is as under:-

'2. Objects of the Society:-

The objects for which the Society is established are:

Kabir Educational Society being essentially an organization of Minority holding St. Kabir Public School, Chandigarh as its functional wing where the Punjabi Language, Punjabi Culture, History of Prophets and Gurus are being taught on top priority and is based on Articles 29 and 30 of the Constitution of India (Cultural and Educational Rights of Minorities).

But, admission into the school will be open to all irrespective of caste, creed, community and religion.

All religions will be fully respected. This concept of the Society is based on the social and secular philosophy of the great mystic St. Kabir.'

4. An application dated 07.05.2012 was filed by the school before the National Commission for Minority Educational Institutions (hereinafter referred to as the NCMEI) for declaration of minority status. Along with this application, the President of the society filed an affidavit declaring that the school had been established and managed by t