REV P ELLISA Vs. DISTRICT EDUCATION OFFICER

JUDGEMENT

(1.) Issues raised in these petitions are identical. Petitioners are Trusts created by members of the minority communities entitled to a benefit under Art. 30 (1) of the Consitution. They run Primary Teachers Training Colleges. Government of Gujarat issued Annexure-A Press-Note stating that admission to the Primary Teachers Training Courses in Government and Non-Government Training Colleges from the academic year 1984-85 will be centralized and candidates who seek admission should apply to the District Education Officer of the district concerned, in the prescribed form. This step taken by the Government, it is alleged, interfere with their right to run the Educational Institution under Art. 30 (1) of the Constitution. On this basis, they pray that direction be issued to respondents not to enforce Government decision to have centralized admission to the training colleges run by minor institutions.

(2.) The fact that petitioners are Trusts belonging to minority communities, falling within the ambit of Art. 30 (1) of the Constitution, is not in dispute. So, the short question that arise for consideration is whether admission of students to the Teachers Training courses run by the petitioners can be by the State Government on the basis of centralized evaluation on merits.

(3.) Issue relating to admission to minority educatinal institution came up for decision before the Apex Court in St. Stephen's College etc., etc,, vs. The University of Delhi etc., etc., AIR 1992 SC 1630. In that decision, the Apex Court took a view that minority institutions can have 50% of the total seats fill-in by students of the community to which the educational institution belong, on the basis of their interse merit and the remaining 50% by students belonging to other communities, on the basis of merit. That decision holds the field as on today and should govern these three petitions as well.