BADRUL HASAN QADIRI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is the second time that the petition has come up for hearing before the court. Earlier by our order dated 24/05/1984, the petition had been dismissed on the ground that in view of the consistent stand taken by him throughout his tenure as a principal of the institution that it was a minority institution, it was not open to the petitioner to turn round and contend that it was not a minority institution and, therefore, the disciplinary action initiated against him by the Management was subject to the control of the educational authorities under Section 16G(3) of the Intermediate Education Act. The petitioner appealed to the Supreme Court. By its order dated 29/10/1984, the Supreme Court granted Special Leave to the petitioner letting aside the judgment of this Court and remanded the case for the determination of the question whether the institution is or is not a minority institution.

(2.) Upon remand, we heard learned counsel for the parties again at some length on the issue whether the institution of which the petitioner was the principal, bears the character of a minority institution protected by Art. 30(1) of the Constitution of India, the main and the principal contention of the learned counsel for the petitioner was that the institution was neither established by the minority community nor run as a minority institution. The words 'establish and administer', it was argued, must be read conjunctively, i.e., not only should the institution be administered by the minority but it should have been established, i.e., brought into existence by the minority. Both the requirements, namely, the establishing as well as the administering of the institution must be fulfilled. Article 30(1) of the Constitution which states-

(3.) The same view was reiterated in the case of Frank Anthony Public School Employees' Association v. Union of India, reported in AIR 1987 SC 311. Their Lordships observed that the right guaranteed to religions and linguistic minorities under Article 30 is two-fold : to establish and administer educational institutions of their choice. Both the requirements must exist before the institution could claim the right guaranteed to religious and linguistic minorities by Article 30(1). That is, it must be shown that the institution was established by the minorities, whether religious or linguistic, and, having been so established, it was being administered by them as an institution for imparting education.