Indian Kanoon - Search engine for Indian Law

Similar issue has come for consideration before the Hon'ble Supreme Court in the case of Secy., Malankara Syrian Catholic College Vs. T. Jose & Ors. reported in 2007(1) SCC 386. There the minority institution was getting the aid from the government for running of its education. The question came for consideration for the appointment of the Principal of the College. The court has held that the right of minority institution to establish and administer educational institution of their choice, they do have a right to choose its Governing Body, to appoint teaching staff, to admit eligible students of their choice, to use property and assets for the benefit of the institution, the right conferred under Article 30 is only to ensure equality with majority not intended to place the minority in a more advantageous position vis-à- vis the majority. Right to establish and administer educational institution is not absolute but the Court says that if any such regulation interfere with the overall administrative control of the Patna High Court CWJC No.5096 of 2013 dt._16-05-2016 46 management, abridges or dilutes, the right to establish and administer educational institutions, such regulations, to that extent, will be inapplicable to minority institutions. It is relevant to quote paragraph no. 20, 21 & 22 of the judgment which reads as follows:-