PATKAI CHRISTIAN ACADEMY Vs. STATE OF MANIPUR

JUDGEMENT

(1.) THIS writ petition is required to be discussed keeping in view of the accepted principle of law that the right of minorities under Article 30 (1) of the Constitution of India to establish and administer the educational institutions has been judiciously construed as defined in minority institutions. What is expressed in terms of a right under Article 30 (1) of the Constitution of India in fact described the institutions in respect of which the protection of Article 30 (1) can be claimed. Unless the educational institution has been established by a minority, it cannot claim the right to administer it under Article 30 (1) of the Constitution of India.

(2.) HEARD Mr. N. Kotiswor Singh, learned counsel for the petitioners and Mr. A. Jagatchandra Singh, learned Sr. Govt. Advocate for the respondents.

(3.) THE factual matrix leading to the filing of the present writ petition is required to be discussed at threadbare. The writ petitioner No. 1, Patkai Christian Academy, is an educational institution established by Christian Academy Trust in the year 2001 at Changraphung, Sangshak, Ukhrul District, Manipur inspired by the desire to provide first rate education in the State of Manipur specially amongst the poor and underprivileged sections of the society. The Patkai Christian Academy was created by the dedicated educationalists believing Christians with support from Christians. The foundation of the Patkai Christian Academy was inspired by the Christian principle that truth is revealed by God through Christ. The management of the Academy is of Christian values which are incorporated in the bye-laws of the Patkai Christian Academy. Article III of the bye-laws of the Academy form the basis of the educational programme of the Patkai Christian Academy. The relevant extract of the Articles III of the bye-laws are quoted hereunder: