MAHESWARI BALIKA V1DYALAYA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) FOR the purpose of conservation of language and culture by way of establishment of educational institutions for the minority community, the farmers of our Constitution thought it fit to incorporate Article 30 (1) since establishment of such an institution will effectively serve the needs of the community and to provide opportunities for scholars and other eminent persons to propagate a useful career - either as an educationist or otherwise for the benefit of the minority community. Language of Article 30 (1) of our Constitution as used by the farmers is significant. Article 30 (1) provides:

(2.) THE expression "minorities'' has a very wide import by reason of the user of the expressions "religion" or "language". Anyone of those two criteria would be able to bring home the right to establish and administer educational institution. The expression "choice" also is of very wide import since the educational institution established and administered by minority need not be of any particular class nor is it necessary that admission should be confined to members of the minority community. It may have a purely general secular character. The three decisions of the Supreme Court in the case of Rev. Father v. State of Bihar (AIR 1969 SC 465), St. Xaviers college v. State of Gujarat (AIR 1974 SC 1389) and In re : Kerala Education bill (59 SCR 995) lend support to the view expressed above.

(3.) ONCE a minority community establish such a state of affairs on the basis of religion or language, the right to establish an educational institution ripens and there cannot be any curbing of the same. The Constitution recognises such a right. But the issues arises as to whether the expressions "shall have the right" mean and imply an absolute right; and unfettered right or some restraint somewhere ought to be exercised so as to avoid any ipsidixit. Can it be said that the right to establish and administer educational institutions mean and imply administer in any manner whatsoever as the person in control of administration deem fit? Would it be a subjective satisfaction all the time irrespective of any legitimate State control or can it be contrary to any law as is prevalent in the country? - the questions are interesting as well as important.