MAHATMA EDUCATION SOCIETY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE Petitioners seek a declaration that. the order dated 4th July, 1995 passed by the director of Technical Education of the State of maharashtra refusing to accord minority educational status to the petitioners college of architecture is arbitrary, illegal and unconstitutional. The petitioners also seek a writ of certiorari to quash and set aside the order of 4th July, 1995. The petitioners further seek a writ of mandamus (i) to forthwith withdraw and cancel the order of 4th July, 1995; (ii) to recognise the petitioners architectural college as a minority institution, and (iii) not to interfere with the constitutional right of the petitioners as a minority institution in admitting 50% of the total seats from the students belonging to minority community according to merit and the remaining 50% from the general candidates according to merit.

(2.) BRIEFLY, the facts are that the petitioner no. 1 is a society registered under the provisions of the Societies Registration Act, 1860 and the bombay Public Trust Act, 1960. The petitioner No. 1 is established as a society by persons speaking malayalam language who constitute a linguistic minority in State of Maharashtra. The main object of the society is to promote the cause of education amongst all citizens in general and keralites in particular. In the memorandum of association of the society the objective of the society is stated : (a) to promote the cause of education amongst all citizens in general and keralites in particular and to meet the education standards of Keralites in Greater Mumbai and adjoining areas by opening various educational institutions; (b) to establish and conduct library and reading rooms; (c) to organise, encourage, develop, promote and co-ordinate the educational and sports activities, and (d) to do all such acts, deeds and things as are incidental or conducive to the attainment of the above object of any of them.

(3.) ACCORDING to the petitioners, the petitioner No. 1 has been established exclusively by persons speaking Malayalam language. All the 11 persons whose names have been appended to the memorandum of association as members of the governing body to whom the management of the affairs is entrusted, speak Malayalam language which is their mother-tongue. The petitioners maintain that the person speaking Malayalam language constitute about 3. 72 of the total population of the State of Maharashtra under the census of 1991. This class of persons, according to the petitioners is, therefore, a linguistic minority under Article 30 of the Constitution and is entitled to establish and administer educational institutions of its own choice. The petitioner No. 1 is running several educational institutions which includes schools and colleges in Mumbai and Navi Mumbai. The B. Ed. College and the night degree college run by the petitioner No. 1 have been recognised as minority educational institution by the University of Mumbai and the society has been extended benefits under Article 30 of the Constitution.