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Conclusions:-

34. (1) The writ Petitions filed by the Jain and the Sikhs petitioners (Civil Writs 96 of 1975 and 660 of 1974) are maintainable on the basis of the right guaranteed by Article 30(1) of the Constitution.

(2) The Writ Petitions Nos. 334 and 1110 of 1974 filed by Arya Samaj schools are not maintainable under Article 30(1) Of the Constitution. Nonetheless the Arya Samaj is a religious denomination As such it has a right to establish and maintain institutions for religious and charitable purposes. In Rev. Sidhrajbhai Sabbai v. State of Gujarat, , the Supreme Court observed that: "In a larger sense an educational institution may be regarded as charitable." for the purpose of Article 26. In that case it was not necessary for the Court to express any opinion on the plea that the right of the petitioners. guaranteed by Article 26 to manage the college was infringed by the impugned rules and orders issued by the Government of Bombay. Similarly, in D. A. V. College, Jullunder case, referred to above, the Supreme Court did not consider it necessary to decide if the Arya Samaj was a religious denomination and, therefore, the question of considering their rights under Article 26 of the Constitution did not arise. In the present case, therefore, we will have to consider the rights of the Arya Samaj petitioners under Article 26 to establish and maintain the Arya Samaj schools as religious and/or charitable institutions within meaning of Article 26 and manage its own affairs in matters of religion. They may also be heard regarding their rights, if any, under Articles 25, 28 and 29 of the Constitution or any other legal rights.