DIPANKAR BHATTACHARJEE Vs. STATE OF ASSAM

JUDGEMENT

(1.) This public interest litigation was initially initiated by four petitioners to express serious apprehension of the Bengali community that Bengali Higher Secondary School, an institution built 63 years back, a linguistic minority institution under Article 30 of the Constitution has sought to be destroyed and that the said minority institution is not managed as required under the constitution and the statutory provisions.

(2.) We have heard Mr Bijoy Das, learned senior advocate for the petitioner and Mr. P.O. Baruah, learned Advocate General for the State of Assam who has raised a preliminary objection regarding the mintainability of the case. It is stated that during the pendency of this writ petition, three out of four petitioners had withdrawn and only the writ petitioner Dipankar Bhattacharjee is continuing/ proceeding with the matter and as such it has lost its public interest character. The matter was brought to the notice of this Court by the four petitioners and once the Court was satisfied about the public interest nature of the matter, the subsequent withdrawal of three out of four petitioners no way affect the character or nature of the (sic) and this Court, in our opinion need not or should not throw out the application on that count. We, therefore, propose to consider the matter on merit.

(3.) The first and foremost consideration is whether the Bengali Higher Secondary School, hereinafter referred to as ''the School", is a minority institution under the provisions of Articles 29 and 30 of the Constitution. The question whether a particular institution is a minority institution or not was considered by this court in the case ofJugalkishore Kedia- Vs-State of Assam, 1987(2) GLR 1. In that case this Court laid down certain criterion which reads as follows: