MARY ANGELLA Vs. STATE OF KERALA

JUDGEMENT

(1.) The Apex Court vide its order dated 1-4-2003 and 12-3-2003 in Civil Appeal No. 4204 of 1984 and C.A. No. 2334/2002 directed this court to rehear the appeals in the light of the decision of the Apex Court in TMA Pai Foundation & Ors v. State of Karnataka and Ors., (2002) 8 SCC 481 and hence these appeals have been posted before us for fresh hearing in the light of the principle laid down by the Apex Court in the above mentioned decision. While ordering so, the Apex Court has stated as follows:

(2.) Apex Court in TMA Pai Foundation's case posed as many as 11 questions of which we are concerned with question No. 5(c) which is extracted below;

(3.) Apex Court in TMA Pai Foundation's case held that Article 30(1) is a sort of guarantee or assurance to the linguistic and religious minority institutions of their right to establish and administer educational institutions of their choice. Secularism and equality being two of the basic features of the Constitution, Article 30(1) ensures protection to the linguistic and religious minorities, thereby preserving the secularism of the country. The essence of Article 30(1) is to ensure equal treatment between the majority and the minority institutions. Further it was also held that the conditions of aid that do not involve a surrender of the substantial right of management would not be inconsistent with constitutional guarantees, even if they indirectly impinge upon some facet of administration. The right under Article 30(1) implies that any grant that is given by the State to the minority institution cannot have such conditions attached to it which will in any way dilute or abridge the rights of the minority institution to establish and administer that institution. Apex Court also cautioned that it is difficult to accept that in the establishment and administration of Educational Institutions by the religious and linguistic minorities, no law of the land, even the Constitution, is to apply to them. Right to administer does not include the right to maladminister. Further it was also held that the right to administer is not absolute, but must be subject to reasonable regulations for the benefit of the institutions as the vehicle of education, consistent with national interest. General laws of the land applicable to all persons have been held to be applicable to the minority institutions also. Further it was also held by the Apex Court that it is difficult to comprehend that the framers of the Constitution would have given such an absolute right to the religious or linguistic minorities, which would enable them to establish and administer Educational Institutions in a manner so as to be in conflict with the other parts of the Constitution. Apex Court further held as follows: