Case Note & Summary
The petitioner, Social Society Morba, a public trust registered under the Public Trust Act, 1960 and the Societies Registration Act, 1860, claimed to be a religious minority institution within the meaning of Article 30 of the Constitution of India, having a certificate from the Government of Maharashtra acknowledging its status as a religious minority institution. The trust, formed by persons belonging to the Muslim religion residing in Raigad district, sought to establish a women's degree college in the science faculty at Post Morba, Taluka Mangaon, District Raigad, on a permanent non-grant basis and without any aid from the Government. Pursuant to an advertisement issued for the academic year 2010-2011, the petitioner applied for permission. However, by a communication dated 6.11.2010, the Section Officer, Higher and Technical Education Department, Government of Maharashtra, informed the petitioner that in view of the Government Policy of not starting any new Arts, Science and Commerce colleges, the petitioner's request for grant of permission to start a science college for women for the academic year 2010-2011 could not be considered. The petitioner then filed a writ petition under Article 226 of the Constitution of India seeking quashing of the impugned communication and a direction to the respondents to forthwith grant permission to the petitioner's Women's College (Science faculty) for the academic years 2011-2012. The legal issue was whether the Government's policy could be applied to a religious minority institution and whether such institution requires prior permission. The Court, after hearing counsel for the parties, held that the Government policy cannot override the fundamental right under Article 30 of the Constitution, and minority institutions do not require prior permission to establish educational institutions. The Court quashed the impugned communication and directed the respondents to consider the petitioner's application for permission to start the women's science college for the academic year 2011-2012 in accordance with law, without reference to the Government policy.
Headnote
A) Constitutional Law - Right of Minorities to Establish Educational Institutions - Article 30 of the Constitution of India - Government Policy - The petitioner, a religious minority institution, sought to establish a women's science college. The Government refused permission citing a policy against starting new colleges. The Court held that the Government policy cannot override the fundamental right under Article 30, and minority institutions do not require prior permission to establish educational institutions. (Paras 4-6) B) Education Law - Establishment of College by Minority Institution - No Prior Permission Required - The Court held that a minority institution is entitled to establish a college without prior permission from the Government, and the Government's policy cannot be applied to such institutions. The impugned communication was quashed. (Paras 4-6)
Issue of Consideration
Whether the Government's policy of not starting new Arts, Science and Commerce colleges can be applied to a religious minority institution seeking to establish a women's science college, and whether such institution requires prior permission from the Government.
Final Decision
The Court quashed the impugned communication dated 6.11.2010 and directed the respondents to consider the petitioner's application for permission to start the women's science college for the academic year 2011-2012 in accordance with law, without reference to the Government policy of not starting new Arts, Science and Commerce colleges.
Law Points
- Article 30 of the Constitution of India
- Right of minorities to establish and administer educational institutions
- Government policy cannot override constitutional right
- No prior permission required for minority institutions
- Minority status certificate is sufficient
