Dayanand Anglo ... vs State Of Maharashtra & Anr

2. The appellant – Dayanand Anglo Vedic (DAV) College Trust and Management Society has challenged the order dated 24.2.2010 passed by a Division Bench of the Bombay High Court in Writ Petition No.1053 of 2010. By the said order, the Division Bench dismissed the writ petition and refused to interfere with the order dated 26.10.2009 passed by respondent No.2 (The Principal Secretary and Competent Authority, Minority Development Department, Government of Maharashtra) withdrawing the linguistic minority status of the appellant institution which was earlier granted by order dated 11.7.2008.

3. The withdrawal of the recommendation for the appellant- Society as linguistic minority institution was on the ground that the earlier order granting recommendation was under the mistake that the trustees of the appellant were residing in the State of Maharashtra.

4. The brief facts leading to this appeal are thus: The appellant-Society was formed in the year 1885; and it was originally got registered under the Societies’ Registration Act, 1860 at Lahore & subsequently in the year 1948 in the State of Punjab. Since then, the appellant is said to have established a large number of schools and colleges all over India and is running such institutions all over the country. The aims and objects of the appellant-Society as stated are to establish educational institutions to encourage the study of Hindi, classical Sanskrit and Vedas and also to provide instructions in English and other languages, Arts, science including Medicine, Engineering etc. The appellant’s further case is that the Society started educational institutions at Solapur in the State of Maharashtra in 1940 and is having other schools and colleges at different places in the State of Maharashtra. The persons speaking Hindi language and the followers of Arya Samaj in the State of Maharashtra constituted less than 50% of its total population. Therefore, being formed by the persons belonging to Arya Samaj and speaking Hindi language, the appellant-Society claimed to be a linguistic minority within the meaning and purview of Article 30 of the Constitution of India. On these facts, the appellant-Society stated that it was earlier granted linguistic minority status in the State of Maharashtra by the Higher and Technical Educational Department of the respondents for the academic years 2004-05 and 2005-

06. The said recognition was granted after full appreciation of the documents and hearing of the appellant. For the year 2006-07 also, the appellant-Society was declared a linguistic minority after appreciation of documents. However, in the year 2008, the Government of Maharashtra issued a new Resolution dated 04.07.2008 laying down the procedure for granting status of religious/linguistic minority to educational institutions run by the minorities in the State of Maharashtra. On the basis of said Resolution, the respondents issued a Certificate on 11.7.2008 recognizing the appellant-Society at Solapur as a linguistic minority institution for the academic year 2008-09 also.

5. The problem started after the appellant-Society made an application on 15.7.2008 requesting respondent No. 1 to issue certificate of recognition in the name of appellant New Delhi instead of Solapur. Instead of correcting the alleged mistake in the Certificate, respondent No.2 passed an order dated 2.8.2008 cancelling the Certificate dated 11.7.2008 issued to the appellant. The respondents by the aforesaid order cancelled the recognition of the appellant as a minority linguistic educational institution for the years 2004-05 and 2006-07 also. The main ground for cancellation of recognition of the linguistic minority status of the appellant was that though the appellant-Trust was registered under the Bombay Public Trust Act by the Charity Commissioner, Mumbai, a majority of the trustees were not residents of the State of Maharashtra and, therefore they cannot be called a linguistic minority.

6. Challenging the aforesaid order of the respondents cancelling the recognition, the appellant-Society moved the Bombay High Court by filing Writ Petition No.284 of 2009, which was finally disposed of with a direction to the respondents to pass a fresh order after giving opportunity of hearing and considering all the documents of the appellant. In compliance of that order, the appellant filed a fresh application on 20.08.2009 together with all the necessary documents requesting respondent No. 2 to restore the linguistic minority status of the appellant. The said respondent, after hearing the appellant-Society, finally rejected the application in terms of order dated 26.10.2009 refusing to restore the earlier recognition of linguistic minority status granted to the appellant. The appellant- Society then challenged the order dated 26.10.2009 by filing a writ petition being Writ Petition No.1053 of 2010 before the Bombay High Court. The said writ petition was finally heard and dismissed by the Division Bench of the Bombay High Court by impugned order dated 24.2.2010. For better appreciation, the aforesaid order dated 24.2.2010 is reproduced hereinbelow:-

5) It is necessary that minimum 2/3rd trustees of the Management Committee of the Applicant Society/institution should be from concerned minority community.” (emphasis given)

2008/CR133/2008/D-1 dated 4.7.2008. as a result it is being declared that the said Institute is Linguistic (Hindi) Minority Educational Institute.

The Resolution, inter alia, permits the persons of the State of Maharashtra whose mother tongue is other Indian language than Marathi will be eligible to submit an application for recognition of their linguistic minority educational institution. The only rider put is that the minimum 2/3rd trustees of the Management Committee of the Society/Institution should be from the concerned minority community.

31. After giving our anxious consideration in the matter and in the light of the law settled by this Court, we have no hesitation in holding that in order to claim minority/linguistic status for an institution in any State, the authorities must be satisfied firstly that the institution has been established by the persons who are minority in such State; and, secondly, the right of administration of the said minority linguistic institution is also vested in those persons who are minority in such State. The right conferred by Article 30 of the Constitution cannot be interpreted as if irrespective of the persons who established the institution in the State for the benefit of persons who are minority, any person, be it non-minority in other place, can administer and run such institution. In our considered opinion, therefore, the order passed by the respondent-Authority and the impugned order passed by the Division Bench need no interference by this Court. We, therefore, do not find any merit in this appeal which is accordingly dismissed.