AIR 1968 SUPREME COURT 662

Supreme Court Of India

Hon'ble Judge(s): K. N. Wanchoo, R. S. Bachawat, V. Ramaswami, G. K. Mitter, K. S. Hegde , JJJ

(A) Constitution of India , Art.30(1)— Scope - Words 'established and administered' must be read conjunctively-Institution not established by minority-Minority has no right of administration. The words "establish and administer" in Article 30 (1) must be read conjunctively and so read it clearly shows that the minority will have the right to administer educational institutions of their choice provided they have established them, but not otherwise. The Article cannot be read to mean that even if the educational institution has been established by somebody else, any religious minority would have the right to administer it because, for some reason or other it might have been administering it before the Constitution came into force. (B) Constitution of India , Art.30(1)— Educational institutions -Includes a University - Distinction between University and other institutions. Words and Phrases - Educational institutions. The words "educational institutions" are of very wide import and would include a university also, and therefore it may be accepted that a religious minority had the right to establish a university under Article 30 (1).(Para 21) There is a good deal in common between educational institutions which are n....