Kolkata: a school Once listed as a minority institution would continue to enjoy that status, bether or not it obtained a Minority Certificate form West Bengal Minorities CommissionA Division Bench of Calcutta High Court Rules on Thures.
“Once a minority, always a minority,” Chief Justice TS Sivagnanam said, as the bench dismissed a public interes West Bengal Association of Christian Schools Cold not Claim Minority Status became the Association Had Not Applied to the Commission for Renewal of Minority Status.
The cj observed that the petitioner was evidently unaware of the Supreme Court Judgments with Regard to Interpretations of Article 30 (1) of the constitution. He cited a 1988 sc Judgment, which rled that “a school which is otherwise a minority school would continue to be so. The declaration (by the state) is on an acceptane of an accepta to the said declaration. “
“The settled legal position is that you can't insist on a listed mineority body to go to go to go to govt and apply for a minority certificate,” CJ Sivagnanam Said.
The hc noted that rules 33 of management rules-1969, which provides that such schools may apply for a certificate, was omitted in 2008, and observe: “The omission of Rule 33 will not in any manner affect the rigs of the West Bengal Association of Christian Schools. State Govt Made Special Rules for the Minority-Run Private Institutions Conferred to THEM Under Article (S) 26 and 30 of the Consultation. “
The Respondent Schools Compled The Christian Schools Had Been Set Up and Administered Since 1800, and Were Listed as Minority Institutions Years Years Before West Bengal Minorities Commission Cames
The bench, also comprising justice chaitali Chatterjee (DAS), Expressed “Serious Doubt” About The Bona Fides of the Petitioner, A Social Worker Engaged In Imparting Education to the Pore and DOWNTORODEN in Rural Areas.
(Tagstotranslate) India
Leave a Reply