HAJI ABDUL SALAM Vs. STATE OF KERALA

JUDGEMENT

(1.) Will the benefit of Art.30(1) of the Constitution of India be available to a single philanthropic individual if he being a member of the minority community has established and maintained an Institution

(2.) The Apex Court in State of Kerala v. V. R. M. Provincial, 1970 (2) SCC 417 , while considering the scope of Art.30(1) held that the right to establish an institution would include a case where "a single philanthropic individual with his own means, founds the institution". The said view was followed by the Apex Court in St. Thomas U.P. School v. Commissioner and Secretary to Government, 2002 (1) KLT 655 (SC).

(3.) Learned Single Judge of this Court in Unaided Recognised Schools Parents Association v. State of Kerala, 2000 (2) KLJ 54 , held that only a corporate body can manage a minority institution and not an individual and the individual would not get the benefit of Art.30(1) of the Constitution is, in our view, not the correct enunciation of law. Learned Single Judge has reiterated the same view and held in the judgment under appeal as follows: