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2014 Supreme(Megh) 145
MEGHALAYA HIGH COURT
T. Nandakumar Singh, J.
Sujata Gupta - Appellant
Versus
State of Meghalaya - Respondent
WP (C) No. 102/2012
Decided On : 24-06-2014
For the Petitioner: S Sen, Adv.
For the Respondents: ND Chullai, Sr. GA, H Kharmih Gupta, GA and K Paul, Adv.
The reservation policy of the State Government cannot be extended to minority educational institutions, and the State Government cannot interfere with the administration of minority educational institutions, so long as the institutions maintain the standards prescribed by the Government regulations.
Headnote:
RESERVATION POLICY - MINORITY EDUCATIONAL INSTITUTION - RIGHT TO CONSERVE LANGUAGE AND CULTURE - RIGHT TO ESTABLISH AND ADMINISTER EDUCATIONAL INSTITUTIONS - MEDIUM OF INSTRUCTION - CONTROL OF ADMINISTRATION - EXTENT OF STATE CONTROL - NATIONAL COMMISSION FOR MINORITY EDUCATIONAL ACT, 2004.
Fact of the Case:
The petitioner, a qualified candidate, was denied appointment to the post of Graduate teacher (Arts) in Rilbong P.N. Chaudhuri Higher Secondary School (RPNCHS School), a linguistic minority educational institution established by the Bengali community in Meghalaya, due to the State Government's decision to extend the reservation policy to the school. The petitioner challenged the decision, arguing that the reservation policy could not be applied to minority educational institutions and that the State Government could not interfere with the administration of the school.
Finding of the Court:
The Court held that the reservation policy of the State Government could not be extended to the RPNCHS School, which was a linguistic minority educational institution established by the Bengali community in Meghalaya. The Court further held that the State Government could not interfere with the administration of the school, so long as the school maintained the standards prescribed by the Government regulations. The Court directed the State Government to consider for approval the resolution of the Managing Committee of the RPNCHS School for the appointment of the petitioner to the post of Graduate teacher (Arts) within three months.
Issues: 1. Whether the reservation policy of the State Government could be extended to the RPNCHS School, a linguistic minority educational institution? 2. To what extent could the State Government control the administration of the RPNCHS School?
Ratio Decidendi: 1. The Court held that the reservation policy of the State Government could not be extended to the RPNCHS School, which was a linguistic minority educational institution established by the Bengali community in Meghalaya. The Court relied on Articles 29(1) and 30(1) of the Constitution of India, which guarantee the right to conserve language and culture and the right to establish and administer educational institutions, respectively. The Court held that these rights could not be infringed by the State Government's reservation policy. 2. The Court held that the State Government could not interfere with the administration of the RPNCHS School, so long as the school maintained the standards prescribed by the Government regulations. The Court relied on the Supreme Court's decision in Very Rev. Mother Provincial, etc. v. State of Bihar, which held that the right to administer educational institutions includes the right to regulate the standards of education, but does not include the right to interfere with the management of the institution.
Final Decision: The Court allowed the writ petition and directed the State Government to consider for approval the resolution of the Managing Committee of the RPNCHS School for the appointment of the petitioner to the post of Graduate teacher (Arts) within three months.
Judgment
T. Nandakumar Singh, J.1. The questions call for decision in the present writ petition are "whether the reservation policy of the State of Meghalaya as provided under Articles 15(5), 16(4), 16(4-A) and 16(4-B) of the Constitution of India can be made applicable to the minority educational institution viz. Rilbong P.N. Chaudhuri Higher Secondary School, Shillong which was established as a linguistic and cultural minority educational institution"? and; (ii) "to what extent the State Govt. can control the administration of the minority educational institution which is an aided school or un-aided school recognized by the Govt."?
2. Heard Mr. S Sen, learned counsel for the petitioner and Mr. ND Chullai, learned Sr. GA assisted by Mr. H Kharmih, learned counsel for the respondents No. 1-8. Also heard Mr. K Paul, learned counsel for the respondents No. 9 & 10.
3. Factual background:- The Bengalees are the linguistic minority community in the State of Meghalaya. As per the census report of the year 2001 Bengalees form 8% of the total population in the State of Meghalaya. The Bengali community being the linguistic minority community in the State of Meghalaya has the fundamental rights guaranteed under Articles 29(1) and 30(1) of the Constitution of India. Articles 29 and 30 of the Constitution of India are reproduced hereunder:-
Article 29. Protection of interests of minorities.- (1) Any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same.
(2) No citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, language or any of them.
Article 30. Right of minorities to establish and administer educational institutions.-(1) All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice
[(1A) In making any law providing for the compulsory acquisition of any property of an educational institution established and administered by a minority, referred to in clause (1), the State shall ensure that the amount fixed by or determined under such law for the acquisition of such property is such as would not restrict or abrogate the right guaranteed under that clause.]
(2) The state shall not, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language.
The Bengali community of Meghalaya, in exercise of their fundamental right to protect and preserve their language and culture and the right to establish the minority educational institution based on language, had decided to foster the school for the education of their children. The linguistic minority community i.e. Bengali community held a meeting on 17.07.1949 in Rilbong, Kench's Trace in presence of the people of Bengali community of Rilbong and its neighbouring areas at Rilbong Bengali Primary School for the topic or subject (i) to take measures for the development of the Bengali minority of the area; (ii) to promote educational, cultural and linguistic advancement of Bengali speaking of the area and; (iii) such other steps and after prolonged discussion, unanimously passed a resolution for establishing a linguistic minority educational institution for upbringing the Bengali speaking boys and girls by imparting higher education and also the Bengali speaking children would get an opportunity of higher education and inspiration to safeguard and preserve the Bengali language and culture. The translated copy of the proceedings of the meeting held on 17.07.1949 is quoted hereunder:-
Translated copy
A general Meeting was held on 17th July 1949 (in Bengali 1 la Sraban 1346) in Rilbong, Kench's Trace in presence of the people of Bengali community of Rilbong and its nei
