LAWS(CAL)-1999-5-17

SHIVA NAND PANDEY Vs. BHAGWAN DAS HARLALKA

Decided On May 21, 1999
SHIVA NAND PANDEY Appellant
V/S
BHAGWAN DAS HARLALKA Respondents

JUDGEMENT

(1.) These appeals raise a question as to whether only because a school has been established allegedly by some Hindi speaking people, they as of right, can claim minority status with a view to get protection under Art. 29 and/or Art. 30 of the Constitution of India.

(2.) F.M.A. No. 742 of 1987 arises out of a judgment and order dated 4-7-1985 passed in Civil Rule No. 15274 (W) of 1984 whereby and whereunder the writ petition filed by the 1st respondent herein was allowed.

(3.) M.A.T. Nos. 4040 of 1998 and 4099 of 1998 have been filed by the teacher in-charge and the members of the Managing Committee of the school in question known as Anglo Hindi High School against an interim order dated 25th November, 1998 passed by a learned single Judge of this Court whereby and whereunder an order of injunction in terms of prayer (f) and (g) the writ application was granted, inter alia, on the ground that this Court in a decision dated 4th July, 1985 (Bhagwandas Haralalka v. State of West Bengal, reported in (1986) 1 Cal LJ 293 declared the school to be a minority institution and, thus, is entitled to appoint its own Head Master in view of the decision of the Apex Court in N. Ammad v. Manager, Emjay High School, reported in (1998) 6 SCC 674 : (AIR 1999 SC 50).