Judgment

RAY, C. J. (On behalf of himself and Palekar J.):- The question for consideration is whether the minorities based on religion or language have the right to establish and administer educational institutions for imparting general secular education within the meaning of Art. 30 of the Constitution.

2. The minority institutions which are in truth and reality educational institutions where education in its various aspects is imparted claim protection of Article 30.

3. This raise the question at the threshold whether Articles 30(1) and 29(1) of the Constitution are mutually exclusive.

4. Article 29 and 30 of the Constitution are grouped under the heading "Cultural and Educational Rights". Article 29(1) deals with right of any section of the citizens residing in India to preserve their language, script or culture. Article 30(1) provides that all religious and linguistic minorities have the right to establish and administer educational institutions of their choice. Article 29(2) prohibits discrimination in matters of admission into educational institutions of the types mentioned therein on grounds only of religion, race, caste, language or any of them. Article 30(2) prevents States fr