ARYA SAMAJ SHILLONG Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) This petition under Article 226 of the Constitution has been preferred for two-fold directions, namely, (i) for declaration that the Meghalaya Aided Higher Secondary, Secondary, Upper Primary School Management Committee Rules, 1997, as unconstitutional and void and; (ii) for a direction to the respondents to approve the Managing Committee of the Arya Kanya Vidyalaya High School as proposed by the Arya Samaj vide Annexure 9.

(2.) I have heard the learned counsel for both the parties in details. For the purpose of resolving the dispute at hand, it would first be necessary to decide as to whether the Arya Kanya Vidyalaya High School is a religious minority institution within the meaning of Article 30(1) of the Constitution.

(3.) At the outset, it would be relevant to have a glimpse over the characteristics of the Arya Samaj as it would facilitate a decision as to whether this school established by them is a religious minority school within the meaning of Article 30(1) of the Constitution. The Arya Samaj is a registered Society established in the year 1935 by the Hindi speaking people of Shillong who have joined the Samaj as members. The Memorandum of the Samaj (Annexure 1) spell out the objectives for which the Samaj has been established. The objectives incorporated in Article 3 of the Memorandum, inter alia, include establishment of schools and educational institutions. Only those persons who accept the ten principles and the constitution of the Arya Samaj are eligible for membership. The Samaj has established many schools within the State of Meghalaya and the school in question was established in the year 1942. Rule 38 of the Memorandum of Association provides that the President of Arya Samaj would be the President of the Managing Committee or ad hoc committees, if constituted by the Government, of all the educational institutions established by the Samaj. The school in question was established to impart education up to class X to the girl students who believe in the principles, thoughts and preaching of Arya Samaj floated by Swami Dayananda Saraswati. Most of the members of the Samaj as well as the Managing Committee of the school are Hindi speaking and 'Hindu' by religion. The population of the Hindi speaking Hindus in the State of Meghalaya is less than 3 percent and as such they are linguistic and religious minority. The Samaj has its branches spread throughout the country and abroad. The schools and colleges established by the Samaj are being run in strict compliance with the teachings and principles of the Arya Samaj based on Vadic culture, Devanagari being the script of the members of the Samaj.