2010 (7) TMI 1020 - CGOVT - Indian Laws

Summary

Issues Involved:
1. Whether the petitioner institution has been established by the Christian community which is a notified minority community.
2. Whether the petitioner institution has been established for the benefit of the Christian community.
3. Whether the petitioner institution is being administered by the Christian community.

Issue-wise Detailed Analysis:

Issue 1: Establishment by Christian Community
The petitioner school claimed it was established by the Buckley Primary School Trust, constituted by members of the Christian community. The petitioner provided the original trust deed of Buckley Primary School, Cuttack, proving that all trustees were from the Christian community. Additionally, a letter from the Director of Elementary Education, Orissa, confirmed the school's recognition by the State Government and its establishment in 1837 by the Diocese of Cuttack. The respondent did not contest these facts. The evidence showed that the school was founded by the Christian community to provide moral and liberal education in a Catholic atmosphere. Thus, it was concluded that the petitioner institution was established by the Christian community.

Issue 2: Benefit to Christian Community
The trust deed indicated that the beneficiaries of the petitioner school were members of the Christian community. This was further supported by an unchallenged affidavit from the Head Mistress of the petitioner school. There was no evidence to the contrary. Therefore, it was held that the beneficiaries of the petitioner institution were members of the Christian community.

Issue 3: Administration by Christian Community
The trust deed and a memo from the Director of Elementary Education confirmed that the petitioner institution was managed by the Diocese of Cuttack, which is part of the Christian community. This was corroborated by the affidavit from the Head Mistress. Consequently, it was held that the petitioner institution was administered by the Christian community.

Additional Considerations:
The issue of the percentage of Christian students admitted to the school was raised. The petitioner argued that a fixed percentage criterion for minority status was impractical and violated Article 30(1) of the Constitution, which guarantees minorities the right to establish and administer educational institutions. The Supreme Court's decisions in T.M.A. Pai Foundation, Islamic Academy of Education, and P.A. Inamdar were referenced to support this argument. These cases emphasized that minority institutions should primarily cater to their community's needs but also admit a reasonable number of non-minority students.

The court noted that the Christian population in Orissa was only 2.439%, making it difficult for the petitioner school to admit 50% Christian students. It was argued that rigid percentage criteria would undermine the rights guaranteed under Article 30(1). The court concluded that the identifying criteria of a fixed percentage for minority admissions was impractical and unconstitutional.

Conclusion:
The petitioner institution, Buckley Primary School, was established and administered by the Christian community and primarily benefited that community. The court declared the school eligible for minority status under Section 2(g) of the National Commission for Minority Educational Institutions Act and directed that a certificate be issued accordingly.