LINGARAJ TANDY Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE case of the petitioners in the writ petition is that in the year 1963 a group of enthusiastic Christian educationists of Bolangir established the Nav Jeevan Vidyapitha, a High School. The classes of the School were held in a building provided by the Baptist Missionary Society in Bolangir Mission Compound. In the year 1964, the Baptist Mission Organisation took over the School and the Management of the School vested in the Bolangir pastorate Union, which was a Regional Organisation of the Baptist Mission Organisation. The Bolangir Pastorate Union nominated the Managing Committee of the School from time to time for day to day administration and development of the School. In the year 1970, the Baptist Mission of Bolangir got merged with the Churches of North India (CNI) and the administration of the School was with the Diocese of Sambalpur with the Head Office at Bolangir Mission Compound. In the year 1974, the land in plot No. 515/1533 on which the building of the School was located was donated by the Baptist Missionary Society Corporation, London through their Attorney Rt. Rev. Jugal Kishore Mohanty by a registered Gift Deed in favour of the School. The Diocese Management continued to pay the land revenue and the Municipal dues for the land and the School building. The members of the Managing Committee of the School were nominated initially by Bolangir pastorate Union from amongst the elite and renowned educationists of the local Christian community and after merger by the Diocese of Sambalpur. Nav Jeevan Vidyapitha is therefore, a School founded and established by the Christian minority community and under Article 30(1) of the Constitution of India the Christian minority community has the fundamental right to administer the School. Further, under Article 30(2) of the Constitution of India, the State cannot also discriminate while granting aid to the educational institution on the ground that it is under the management of the Christian minority. Despite these fundamental rights under Articles 30(1) and 30(2) of the Constitution of India, the authorities are from time to time interfering with the administration and management of the School. The petitioners in particular have prayed for quashingAnnexures 6, 11, 15, 16, 19, 23 and 28 to the writ petition on the ground that the orders and communications in the said Annexures are violative of the fundamental rights guaranteed under Articles 30(1) and 30(2) of the Constitution of India.

(2.) MR . J. Patnaik and Mr. D. Chatterji, learned counsel for the petitioners relied on the averments in the writ petition as well as the report of the Inspector of Schools, Bolangir Circle, Bolangir annexed to the writ petition as Annexure 14 to show that Nav Jeevan Vidyapitha, Bolangir was established by the Christian minority community. They further submitted that the fact that the School has been receiving grant in aid from the State Government will not take away the minority character of the educational institution. They further argued that in the year 1973, Bolangir Pastorate Union after nominating the Managing Committee sent the names of the members of the Managing Committee to the Inspector of Schools, Bolangir Circle, Bolangir only for his information. According to Mr. Patnaik, the fact that the Inspector of Schools, Bolangir Circle, Bolangir approved the Managing Committee of the School on the basis of the said information will not take away the minority character of the aforesaid School. Mr. Patnaik cited the decision of this Court in (Managing Committee, Baptist Church Middle English School, Berhampur and Anr. v. State of Orissa and Ors.) AIR 1988 Orissa 250 for the proposition that the pleas of waiver of fundamental rights under Article 30 of the Constitution of India cannot be taken by the authorities against the minority community. Mr. Chatterjee also relied on a decision of this Court in (Berhampur Diocesan Catholic School, Managing Committee v. State of Orissa and Ors.) 75 (1993) CLT 48 wherein it was held that the State Educational authorities have no right to encroach upon the right of the minority community that has established an educational institution in the matter of constituting or reconstituting the Managing Committee of the institution and that the State educational authorities only have the power to regulate in the interest of excellence of education.

(3.) MR . Behera also relied on the affidavit filed on behalf of the opposite party No. 2, the Director of Secondary Education, Orissa. He has stated in the counter affidavit that Nav Jeevan Vidyapitha, Bolangir has not been declared as a minority community institution by the Government since 1.7.1963 and the management of the institution never claimed it's establishment by the Christian community at the time of establishment nor has it refused to accept the direct payment scheme as per Government order No, 15893 dt. 12.6.1974 and the Inspector of Schools has been paying salary tothe employees of the institution directly under the State Government Order dt. 12.6.1974. According to Opp. party No. 2, had the institution been a minority institution, there would not have been any direct payment system under the order dt. 12.6.1974 of the Government. The rest of the averments in the affidavit of opposite party No. 2 are reiteration of the averments made by opposite party No. 3 in his counter affidavit.