YOGENDRA NATH SINGH Vs. STATE OF U P

JUDGEMENT

(1.) BY means of this writ petition, under Article 226 of the Constitution of India, the order dated 13-3-1995, Annexure 9 to the writ petition, passed by the State Government has been challenged primarily on the ground that the secular nature of the management is sought to be usurped and upturned by the imposition or introduction of minority status to an education institution, in spite of the fact that it was never intended to be established as minority institution under the bye-laws and Memorandum of Association by which it is governed. This controversy has cropped up in the following circumstances. There is a registered society with the name of National Association having its own bye-laws. It established a Junior High School in Bara, District, Ghazipur, in the year 1948, which came to be upgraded as Higher Secondary School in the year 1966 and in course of time, as an Intermediate College in the year 1972. It is now known as Bara Inter College, Bara, District, Ghazipur. When the said institution came to be governed by the provisions of U. P. Intermediate Education Act, 1921 (hereinafter referred to as 'the Act') in the year 1966, the Deputy Director of Education (for short 'dde') approved a scheme of administration for the High School. The said scheme administration was also amended in the year 1985 and the amended scheme of administration was enforced through letter dated 15-2-1985, a copy of which is Annexure 4 to the writ petition. The case of the petitioners is that neither the present society, namely, National Association, nor the college was either established by the minority community or was exclusively administered by it. It is further alleged that a perusal of the aims and objects, as contained in the Memorandum of Association, as well as in the scheme of administration, would indicate that the said society established the college to impart education in general without any particular benefit to either a linguistic or religious minority and that it was never intended, either initially or even when the scheme of administration came to be enforced, to confer a minority status on the institution. According to the petitioners, the State Government took upon itself, with an avowed and sole object of appearing a particular community, at the behest of certain political persons, including the then Education Minister, U. P. , to bestow, without understanding the implications thereof the status of minority institution by issuing the impugned order dated 13th March, 1995 on the Schools and Colleges, including Bara Inter College Bara, District, Ghazipur. The said order, it is urged has been passed by non-application of mind; without recording the finding as to whether the institution was established and is being administered by a minority community and as to whether the institution has its aims and objects for the purpose of providing benefit to a particular community either religious or linguistic, as contemplated under Article 30 of the Constitution of India. According to the petitioners, the declaration of minority status has been obtained with a view to do away with the various restrictions imposed by the Act and the Regulation framed thereunder obviously to the serious detriment to the rights of the teaching and non-teaching staff. It is prayed that the impugned order dated 13-3-1995 be quashed and the respondents be restrained from treating Bara Inter College, Bara, District, Ghazipur as a minority institution.

(2.) PETITIONER No. 1-Yogendra Nath Singh is life member of the National Association, a registered society, which manages and runs the institution, while petitioner No. 2, Damodar Singh is an Assistant Teacher in L. T. Grade in the Bara Inter College and according to both of them, if the minority status of the institution is allowed to continue, the service conditions of the teachers and other employees shall stand drastically changed and the committee of management shall act in its own way under the garb of the minority status of the institution. It is alleged that since the petitioners are directly affected by passing of the impugned order, they are entitled to maintain the present petition.

(3.) THROUGH the counter-affidavit, filed by Imtiyaz Ahmad, a lecturer of the college under the authority of Sri Abdul Hasan Khan, Manager of the society/institution as the latter was said to be laid up on account of stroke of paralysis, it has been asserted that the petitioners have no right to maintain the present writ petition, which is the outcome of the grudge against the society as well as committee of management nurtured by the petitioner 1. It is maintained that since the society was formed and established in the year 1948, i. e. prior to the advent of the Constitution of India, different yard stick is to be applied for the purpose of considering case for grant of recognition as a minority institution. It is alleged that the State Government has issued a notification, a copy of which is Annexure C. A. 1 to the counter-affidavit, fixing standards and norms for the purpose of declaring an institution as minority institution and in pursuance thereof, the society/institution submitted a pro forma, a copy of which is Annexure C. A. 2 to the counter-affidavit, for getting itself declared as a minority institution. After making available the various details called for by the District Inspector of Schools (for short 'dios') as well as other authorities, it is stated the college was declared as minority institution. According to the respondents Nos. 5 and 6, the college was established as a minority institution and it has throughout been administered as a minority institution, that aims/objects of the society/institution do not, in any manner, militate against the minority status conferred by the State Government, and that the declaration of a pre-existing fact that the institution is a minority institution is not going to curtail the legal rights of any person, including the petitioners.