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1. The petitioner Islamia Karimia Society, Indore, claims to be a linguistic and religious minority within the meaning of Article 30(1) of the Constitution of India. It is a body registered under the Non Trading Corporation Act and is established and administers the Islamia Karimia Degree College in Indore. An application was made on behalf of the college for its affiliation with the Vikram University, Ujjain, which, on the formation of University of Indore, was sent by the Registrar, Vikram University, Ujjain, totheVice-Chancellor, Indore University, as is apparent from a copy of the letter dt. 16th June 1964 attached as Annexure R-l to the Registrar's affidavit filed in the present petition. Copy of letter dt. 30th June 1964 from the Registrar of the University of Indore to the Principal of the College attached as Annexure R-2 indicates that provisional affiliation was granted to the college with effect from 1st July 1964 in the subjects mentioned in the application for affiliation subject to the conditions mentioned in the letter dt. 30th June 1964. Posts of lecturers in some subjects fell vacant and a letter dt. 3rd -October 1983 was sent by the college to the Vice-Chancellor, Devi Ahilya Vishwa-vidyalaya, Indore, which was the new nomenclature given to the University of Indore with the prayer that in order to enable to fill the vacant posts of lecturers 'advertisement had already been issued and to facilitate the selection of lecturers, experts in the subjects concerned may be appointed expeditiously. A copy of this letter has been attached as Annexure A-3 to the writ petition. The request in the aforesaid letter was reiterated by a subsequent letter dt. 19th October 1983. It appears that in pursuance to these letters the Vice-Chancellor nominated not only experts to be members of the Selection Committee but also a Chairman of the said committee and informed the college about the nomination by a letter dt. 24th Oct. 1983. On the receipt of the said letter the college wrote a letter dt. 16th Nov. 1983 to the Secretary, Madhya Pradesh Uchcha Shiksha Anudan Ayog, a copy whereof has been attached as Annexure-A-5 to the writ petition taking objection to the nomination of Chairman of the Committee on the ground that the college being a minority institution, the nomination even of the Chairman of the committee was in contravention of Article 30(1) of the Constitution. It was requested in the said letter that permission may be granted to proceed with selection of lecturers with the Governing Body as the Chairman according to the College Code. A reminder was also subsequently issued to the same effect by the principal of the college to the Secretary, M.P. Uchcha Shiksha Anudan Ayog, vide letter dt. 4th Oct. 1984 a copy whereof has been attached as Annexure A-7 to the writ petition. It further appears that a letter dt. 9th Aug. 1985, a copy whereof has been attached as Annexure A-8 to the writ petition, was sent by the Secretary, M.P. Uchcha Shiksha Anudan Ayog, to the principal of the college emphasising the necessity of removing the irregularity in the matter of appointment of the principal of the college also.

4. Coming to the question of constitution of the Selection Committee, it may be pointed out that the topic which is dealt with by Statute No. 28 is "College Code." "College" is defined in paragraph 1( a) of Statute No. 28 to mean an educational institution admitted to the privileges of the University. The term "teachers" according to its definition contained in paragraph l(d) means members of the teaching staff of a college and includes the Principal. That the college run by the petitioner is an educational institution admitted to the privileges of the University and that it is a non-governmental educational institution fof higher education and further that it is receiving substantial grant from the M.P. Uchcha Shiksha Anudan Ayog are facts which are not disputed. Paragraph 17(1) of Statute No. 28 in so far as it relates to the constitution of Selection Committee in the case of teaching posts and in the case of Principal reads as hereunder :