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1999 Supreme(All) 355
IN THE HIGH COURT OF ALLAHABAD
O. P. Garg, J.
U.P.MADHYAMIK SHIKSHAK SANGH, GHAZIPUR UNIT - Appellant
Versus
STATE OF UTTAR PRADESH - Respondents
C. M. W. P. 32795 Of 1997
Decided On : 03/19/1999
A.P.SAHI, ASHOK KUMAR, S.N.Singh
Headnote:
MINORITY INSTITUTION - ESTABLISHMENT AND ADMINISTRATION - ARTICLE 30 (1) OF THE CONSTITUTION OF INDIA - SECTION 16FF OF THE U. P. INTERMEDIATE EDUCATION ACT, 1921 - WRIT PETITION - MAINTAINABILITY - REVIEW OF EARLIER ORDER - GUIDELINES FOR GRANT OF MINORITY STATUS - TWIN REQUIREMENTS - DOMINANCE AND CONTROL - MIXING OF STUDENTS OF DIFFERENT COMMUNITIES - SECULAR EDUCATION - INTERPRETATION OF ARTICLE 30 (1) - CONSTITUTIONAL MANDATE - EDUCATIONAL INSTITUTIONS OF CHOICE - RELIGIOUS AND LINGUISTIC MINORITIES - SCOPE AND EXTENT OF FUNDAMENTAL RIGHT - PROTECTION OF MINORITIES - ARTICLE 29 (2) AND ARTICLE 30 (1) - DISTINCTION - OBJECTS OF THE ASSOCIATION - MEMBERSHIP OF THE ASSOCIATION - RULES AND REGULATIONS - COMMITTEE OF MANAGEMENT - OFFICE BEARERS - PROVISION FOR INCLUSION OF PERSONS BELONGING TO OTHER COMMUNITIES - GUIDELINES ISSUED BY THE STATE GOVERNMENT - PROFORMA FOR FURNISHING DETAILS - CONTROL OVER THE SOCIETY - INDUCTION OF PERSONS FROM OTHER COMMUNITIES - BYE-LAWS AND REGULATIONS - EFFECTIVE MAJORITY OF THE MINORITY COMMUNITY MEMBERS - SCRUTINY OF THE MATTER BY THE STATE GOVERNMENT - INTERFERENCE BY THE COURT.
Fact of the Case:
The Muslim Anglo Hindustani Inter College, Ghazipur, was established in 1932 by nine founder members, all of whom belonged to the Muslim community. The institution was registered as a society under the Societies Registration Act in 1939. The petitioners, who are teachers and members of the Madhyamik Shikshak Sangh, challenged the order of the State Government granting minority status to the institution on the grounds that the institution was not established and administered by the Muslim minority community and that the order was passed in violation of the provisions of Article 30 (1) of the Constitution of India and various judicial pronouncements interpreting the said Article.
Finding of the Court:
The Court held that the institution was established and administered by the Muslim minority community and that the State Government had rightly granted minority status to the institution. The Court further held that the petitioners had locus standi to challenge the order of the State Government and that the State Government was not precluded from reviewing its earlier order refusing to grant minority status to the institution.
Issues: 1. Whether the petitioners had locus standi to challenge the order of the State Government granting minority status to the institution? 2. Whether the State Government was precluded from reviewing its earlier order refusing to grant minority status to the institution? 3. Whether the institution was established and administered by the Muslim minority community? 4. Whether the State Government had rightly granted minority status to the institution?
Ratio Decidendi: 1. The Court held that the petitioners had locus standi to challenge the order of the State Government granting minority status to the institution as they were teachers and members of the Madhyamik Shikshak Sangh, which had a legitimate interest in the matter. 2. The Court held that the State Government was not precluded from reviewing its earlier order refusing to grant minority status to the institution as the order was passed in light of subsequent developments and in accordance with the guidelines issued by the State Government. 3. The Court held that the institution was established and administered by the Muslim minority community as the majority of the founder members were Muslims, the objects of the association were to promote Muslim culture and education, and the management of the institution was controlled by the Muslim community. 4. The Court held that the State Government had rightly granted minority status to the institution as the institution satisfied the twin requirements of establishment and administration by the minority community and the guidelines issued by the State Government.
Final Decision: The writ petition was dismissed and the interim order passed by the Court on 29. 9. 1997 was discharged.
( 1 ) THROUGH this writ petition, under Article 226 of the Constitution of India, the order dated 26. 6. 1997, a copy of which is Annexure-8 to the writ petition, passed by the Government, in so far as it accords recognition as a minority institution to the Muslim Anglo Hindustani Inter college. Ghazipur, has been challenged primarily on the ground that the order aforesaid has been passed in complete disregard of the provisions of Article 30 (1) of the Constitution of India and the various judicial pronouncements interpreting the said Article. The following facts are necessary to appreciate the real import of the controversy.
( 2 ) THERE is a registered society under the name of Muslim Anglo Vernacular Educational association, Ghazipur. which according to the petitioners was constituted in 1939 and under the aegis of which Muslim Anglo Hindustani Inter College governed by the provisions of the U. P. Intermediate Education Act, 1921 (hereinafter referred to as the Act) and other allied Acts is being run. The petitioner Nos. 2, 3 and 4 are permanent lecturers in the said college in different subjects while the petitioner Nos. 5 to 10 are permanent assistant teachers in the L. T. grade. The petitioner No. 1 is the association of the Madhyamik Shikshak which has come into existence for the welfare of the teachers of the private recognised educational institutions in the State. The case of the petitioners, in short, is that the college, in question, is engaged in imparting normal secular education to the students of all castes, creed and communities and a very large number of members of the staff are also persons belonging to general category. The composition of the registered society, according to the petitioners, indicates that persons belonging to different caste and religion are its members and the membership is not limited to Muslim minority Community only. It is alleged that the institution, in question. has neither been established by the Muslim minority community nor it is administered by the said community and, therefore. the institution is not entitled to any protection under Article 30 (1) of the Constitution. The management of the respondent institution, it is alleged, earlier moved an application for conferring minority status on the institution but the said prayer was rejected by the State Government in the year, 1989 and since subsequent thereto, no fresh material has come into existence, the State Government was not justified in reviewing the matter.
( 3 ) ACCORDING to the petitioners, an advertisement had been published in the newspaper purvanchal Times dated 6. 9. 1997. Annexure-10 to the writ petition, whereby certain posts in class IV cadre are sought to be filled by treating the institution as an aided minority institution. It is prayed that the Government Order dated 26. 6. 1997, Annexure-8 to the writ petition be quashed and the respondent Nos. 7 and 8 be directed not to act upon advertisement dated 6. 9. 1997, Annexure-10 to the writ petition.
( 4 ) ON behalf of the respondent Nos. 7 and 8, i. e. , Committee of Management of Muslim Anglo hindustani Inter College, as well as the Principal of the College, a joint counter-affidavit has been filed. It narrates in historical retrospect the facts which brought the institution into existence. It is stated that the institution. in question, was established way back in the year 1932 as a Muslim Minority community School, named as "chashme Rahmat English Middle School", all the nine founder members belonged to the Muslim Community that the Memorandum of the aforesaid body provides the objects of the association, inter alia, to start and maintain schools and colleges for imparting religious education to Muslim students and to establish reading rooms, free night classes, libraries and other institutions for the culture of Muslims in particular, and public in general : that the Committee of Management entitled to manage the institution was to be constitute
