# RT. REV. BISHOPS. K. PATRO & ORS v. STATE OF BDIAR Ii: ORS

- **Citation:** [1970] 1 S.C.R. 172
- **Court:** Supreme Court of India
- **Decided:** 1969-04-02
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/rt-rev-bishops-k-patro-ors-v-state-of-bdiar-ii-ors-4736
- **Pages:** 9

## Headnote

172
RT. REV. BISHOPS. K. PATRO & ORS.
v.
STATE OF BDIAR Ii: ORS.
April 2, 1969
(M. HIDAYATULLAH, C.1., 1. C. SHAH, V. RAMASWAMI,
G. K. MITTER AND A. N. GROVER, 11.]
Constitution of India, Arts. 29 and 30-Educatlonal institution fou11dtd
at Bhagalpur by Christians in 1854
with htlp of funds rect/ved from
London ,Missionary Soci•ty-lnstltution claiming bt~tfit of Art. 30 wlitn
mktd by State Educational Atllhorlties to constitUlt its managing committtt according to thtir directions-For claiming btne/it of Article w/ze.
ther an institution founded before adoplion of Constitution has to pro1·e
that it was established by members of n1inority who were residc11.·s <Jr ri1j.
:•ns of lndia--DiOertnce bttwten Arts. 29 and 30.
The Government of the State of Bibar framed certain rules under the
Bihar Hish School (Control and Regulation of Administration) Act 13 of
1960. Rule 41 provided that the said rules will not apply to schools esta·
blished and administered by minorities whether based on religion or lan·
guaae.
A school founded in 1854 at Bbagalpur and managed bv
the
National Christian Council of India was asked by the Bihar Government
Educational authorities to con<;titute ibl manaaing committee accordir.~ to
the directions given in the order of tee Secretary to th• Government dated
May 22, 1967
This order was challenged before the Hiah Court in a
~t petition.
The High Court dism~ the writ petition holding that
tbOu1f1 the institution was administered by the Christian minority in India
it had been established by the Church Missionary Society of London, and
therefore not having been established by members of a minority ''·ho were
raidcnts of India or citizens of India it could not claim the benefit of Art.
30. Against he High Court's judgment appeals were filtd in this C-Ourt and
petitions under Art. 32 were also filed by persons interested.
HELD: (i) There was ample evidence on record, which showed that
although assistance was undoubtedly obtained from other bodies iucluding
· the Clmrch Missionary Society London, the school was set up by the
Otristian Missionaries and the local resideni. of Bhagalpur with the aid of
funds part of which were contributed by them. (178 F]
(ii) The Oiristian Misslonariea who had settled in India alld the local
Chrishan reaidents of Bhagalpur formed a minority community. It is true
that the minority compcllcnt to claim the protection of Art. 30(!) and
on that account the privilege of establishing and maintaining educational
institutions of ii. choice must be a minority of person• residinR in India.
It does not confer on foreigners not residing in. India the right to 51et up
educational institutions of their choic.e.
Persons setting up educational
imtitutions must he resident in India and they must form a well defined
reliJiom and linguistic minority. It is however not predicated that protection of the right guaranteed under Art. 30 may be availed of only, in
respect elf an institution established
before the Constitution, by persons
born and resident in British India. [I 79 DJ
Therefore the fact that the funds were obtained from the
United
Kinadom for usistin~ in settin& up and developing the School or that the
manaaement of the Ulstitution was carried on by some pernms who may
not have been horn in India was not a ground for denying the pro~tion of
Art. 30(1). (180 CD]
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llBV. BISHOP S. K. PATR.O v. BIHAR. (Shah, J.)
17-3'
(iii) The High Coun was also wrong in holding that for c~
the
beDefit of Art. 30(1) all persons or a majority of them who established
the institution should have been "Indian Citizens" in the year 1854. There
being no Indian ·citizenship in the year 1854 independently of the citizenship of the British Empire, to incorporate in the interpretatio.n of Art. 30
in respect of an institution established by a minority the condition that it
must in addition be proved to have been established by persons who would
if the institution had been set up after the Constit

## Text

172
RT. REV. BISHOPS. K. PATRO & ORS.
v.
STATE OF BDIAR Ii: ORS.
April 2, 1969
(M. HIDAYATULLAH, C.1., 1. C. SHAH, V. RAMASWAMI,
G. K. MITTER AND A. N. GROVER, 11.]
Constitution of India, Arts. 29 and 30-Educatlonal institution fou11dtd
at Bhagalpur by Christians in 1854
with htlp of funds rect/ved from
London ,Missionary Soci•ty-lnstltution claiming bt~tfit of Art. 30 wlitn
mktd by State Educational Atllhorlties to constitUlt its managing committtt according to thtir directions-For claiming btne/it of Article w/ze.
ther an institution founded before adoplion of Constitution has to pro1·e
that it was established by members of n1inority who were residc11.·s <Jr ri1j.
:•ns of lndia--DiOertnce bttwten Arts. 29 and 30.
The Government of the State of Bibar framed certain rules under the
Bihar Hish School (Control and Regulation of Administration) Act 13 of
1960. Rule 41 provided that the said rules will not apply to schools esta·
blished and administered by minorities whether based on religion or lan·
guaae.
A school founded in 1854 at Bbagalpur and managed bv
the
National Christian Council of India was asked by the Bihar Government
Educational authorities to con<;titute ibl manaaing committee accordir.~ to
the directions given in the order of tee Secretary to th• Government dated
May 22, 1967
This order was challenged before the Hiah Court in a
~t petition.
The High Court dism~ the writ petition holding that
tbOu1f1 the institution was administered by the Christian minority in India
it had been established by the Church Missionary Society of London, and
therefore not having been established by members of a minority ''·ho were
raidcnts of India or citizens of India it could not claim the benefit of Art.
30. Against he High Court's judgment appeals were filtd in this C-Ourt and
petitions under Art. 32 were also filed by persons interested.
HELD: (i) There was ample evidence on record, which showed that
although assistance was undoubtedly obtained from other bodies iucluding
· the Clmrch Missionary Society London, the school was set up by the
Otristian Missionaries and the local resideni. of Bhagalpur with the aid of
funds part of which were contributed by them. (178 F]
(ii) The Oiristian Misslonariea who had settled in India alld the local
Chrishan reaidents of Bhagalpur formed a minority community. It is true
that the minority compcllcnt to claim the protection of Art. 30(!) and
on that account the privilege of establishing and maintaining educational
institutions of ii. choice must be a minority of person• residinR in India.
It does not confer on foreigners not residing in. India the right to 51et up
educational institutions of their choic.e.
Persons setting up educational
imtitutions must he resident in India and they must form a well defined
reliJiom and linguistic minority. It is however not predicated that protection of the right guaranteed under Art. 30 may be availed of only, in
respect elf an institution established
before the Constitution, by persons
born and resident in British India. [I 79 DJ
Therefore the fact that the funds were obtained from the
United
Kinadom for usistin~ in settin& up and developing the School or that the
manaaement of the Ulstitution was carried on by some pernms who may
not have been horn in India was not a ground for denying the pro~tion of
Art. 30(1). (180 CD]
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llBV. BISHOP S. K. PATR.O v. BIHAR. (Shah, J.)
17-3'
(iii) The High Coun was also wrong in holding that for c~
the
beDefit of Art. 30(1) all persons or a majority of them who established
the institution should have been "Indian Citizens" in the year 1854. There
being no Indian ·citizenship in the year 1854 independently of the citizenship of the British Empire, to incorporate in the interpretatio.n of Art. 30
in respect of an institution established by a minority the condition that it
must in addition be proved to have been established by persons who would
if the institution had been set up after the Constitution have
claimed
Indian citizenship, is to whittle down the protection of Art. 30 in a manner
not warranted by the provisions of the Constitution. (180 B-F]
The J>fOtection of the righ\S under Art. 29 may be claimed only by
Indian citizens. Article 30 guarantees the right <if minorities to establish
and administer educational institutions : the article does not expressly refer
to citizenship as a qualification for the members of the minorities.
(179
F-G]
(iv) On. the above findings the order passed by the Educational authorities requiring the Secretary of the School to take steps to constitute a
managing committee in accordance with the order dated May 22, 1967
must be declared invalid. [180-G]
In re : The Kerala Education Bill, 1957 [1959] S.C.R. 995, Rev. Fath•r
W. Proost & Ors. v. The State of Bihar & Ors. (1969] 2 S.C.R. 73 and
Rev. Sidhajbhai Sabhal & Ors. v. State of Bombay & Anr. [1963] 3 S.C.R. •
83 7, applied.
CIVIL APPELLATE JuR.ISD!CTION : Civil Appeal No. 2346 of
1968.
Appeal from the judgment and order dated September 10,
1968 of the Patna High Court in Civil Writ Jurisdiction Case No.
503 of 196l? ·and Writ Petitions Nos. 43.0 and 431of1968.
Petitions under Art. 32 of the Constitution of India for the
enforcemC111t of fundamental rights.
M. _C. Sefalvad and R. Gopalakrishnan; for the :i,ppellants (in
C.A. No .. 2346 of 1968).
R. Gopolakrishrum, for the petitioners (in W.P. Nos. 430 and
431 of 1968).
'
D. Goburdhun, for the respondents (in C.A. No. 2346 of
1968).
B. P. Iha for the respondents (in W.Ps. Nos. 430 and 431 of
1968).
The Judgment ol the Court was delivered by
Shah, J. A primary school started in J854 at Bhagalpur was
later converted into a Higher Secondaiy School.
The Legislature of the State of Bihar enacted the Bihar HiJh
Schools (Control and Regulation of Administration) Act 13 al
1960 which by s. 8 invested. the State GoYernment With power to
frame rules. Section 8(1)Jlfovides :
174
SUPREME COURT REPORTS
(1970] 1 SC.R.
''The State Government may, after previous publication and subject to the provisions of articles 29, 30
and 337 of the Constitution of India, make rules not inconsistent with this Act for carrying out the purposes of
this Act."
In 1964 rules were framed under the Act by the State Government of Bihar.
Rule 41 provides:
"These rules shall not apply to the schools established and administered by the minorities whether based
on religion or language."
By order dated September 4, 1963, the President of the
Board of Secondary Education approved the election of Bishop
Parmar as President and Rev. Chest as Secreiary of the Church
Missionary Society Higher Secondary School. This order wa> set
aside by the Secretary to the Government, Education Departm~nt,
by order dated May 22, 1967. On June 21, 1967, the Regional
Deputy Director of Education, Bhagalpur, addressed a letter to
the Secretary, Church Missionary Society School, Bhagalpur. inviting his attention to the order dated May 22, 1967. and requested him to take steps to constitute a Managing Committee of
the School "in accordance with_ that order''.
A petition was then filed in the High Court of Patna by
four petitioners (who are appellants in Appeal No. 2346 of 1968)
for a writ quashing the order dated May 22, 1967, and for an
order restraining the respondents-the State of Bihai, -the Secretary to the Government of Bihar, Government of Education and
the educational authorities of the State-from interferin2 with
the right of the petitioners to control, administer and manage the
affairs of the School.
The High Court of Patna dismissed the
petition. The High Court held that the primary School at Bhagalpur was established by the Church Missionary Society of London; that the School had developed into the present Church Missionary Society Higher Secondary School; and that the School was
administered in recent times by the Church Missionary· Society of
the Bhagalpur Diocese; and that the School not being an education institution established by a minority,
protection
t>a>
not
afforded thereto by Art. 30 of the Constitution. Against the order
dismissing the petition, Civil Appeal No. 2346 of 1968 has been
filed in this Court.
Two other petitions are filed in this Court claiming relief on
the footing that by the order dated May 22, 1967, of the Government of Bihar the fundamental right of the Christian minority
to maintain an educational institution of its choice and guaranteed by Art. 30(1) is infringed. Writ Petition No. 430 of 1968
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REV, BISHOP S. K. PATRO V. B!HAR (Shah, J,)
175
is filed by the Principal, Church Missionary Society Higher Secondary School, Bhagalpur, the Secretary, Bihar Christian Council,
Gaya, the Secretary, Santhali& Christian Council, Bhagalpur, and
the Secretary National Christian Council of India, Nagpur. Writ
Petition No. 431 of 1968 has been filed by Rev. M. P. Hembrom,
Parish Priest, Church Missionary Society, Bhagalpur, two of whose
children are being educated at the School.
These petitions are
heard with Civil Appeal No. 2346 of 1968.
The High Court found on a consideration of the evidence that
the Church Missionary Society Higher Secondary School is a
"denominational institution", that "scripture classes are held in
the School and lessons on the life and teaching of Lord Jesus
Christ are taught" and examinations are h~ld in the subject for
all students, that every morning, before the classes begin, the
prayers from the prescribed Church Books are offered by the students and the members of the staff, and eaclr meeting of the
Managing Committee of the Schools begins and Closes with prayers from the "Book of Common Prayer".
Correctness of the
finding recorded by the High Court is not challenged before us.
The finding recorded by the High Court that the School originally
started in the year 1854 as a primary school h&d since developed
into the present Church Missionary Society Higher Secondary
School is also not challenged before us.
The only question which falls to be determined is whether the
petitioners in the two writ petitions and the appi:llants in .appeal .
No. 2346 of 1968 are entitled to claim the protection of Art. 30
of the Constitution on the ground that the Church Missionary Society Higher Secondary School at Bhagalpur is an educafomal
institution of their choice established by a minority.
Article 30 of the Constitution by CJ. (I) provides :
"All minorities whether based on religion or language, shall have the right to establish and administer
educational institutions of their choice."
The guarantee of protection under Art. 30 is not restricted to
educational institutions established after the Constitution : institutions which had been established before the Constitution and continued to be administered by minorities either based on religion or
language qualify for the protection of the right of minorities dee•
lare<.i by Art. 30 of the Constitution. In In Re. The Kera/a Ed11cation Bill, 1957,(') Das, C.J., observed at p. 1051 :
"There is no reason why the benefit of Art. 30(1)
should be limited only to educational institutions established after the commencement of the Constitution. The
(l) (1959] S.C.R. 995.
1·76
SUPREME OOURT REPORTS
[1970] l S.C.ll.
language employed in An. 30(1) is wide enough to cover
both pre-Constitution and post-Constitution institutions.
It must not be overlooked that An. 30(1) gives the
minorities two rights, namely, (a) to establish, and (b)
to administer, educational institutions of their choice.
The second right clearly covers pre-Constitution schools
just as Ar_t. 26 covers the right to maintain pre-Constitution religious institutiOllS."
It was the case of the State and the parties intervening in the
writ petition before the High Coun that the School was established by the Church Missionary Society, London, which they
claimed was a Corporation with an alien domicile and "such a
Society was not a minority based on rCligion or language" within
the meaning of An. 30 of the Constitution.
On behalf of the
appellants in the appeal and the petitioners in the two writ petitions filed in this Court it is claimed that the School was started
in 1854 by the local Christian residents of Bhaga1pur.
They
concede that the Church Missionary Society of London did extend
financial aid in the establishment of the School, but they contend
that on that account, the School did not cease to be an educational institution established by a religious minority in India.
There is on the record important evidence about establishment in 1854 of the Lower Primary School at Bhagalpur.
It is
unfonunate that sufficient attention was not directed to that part
of the evidence in the High Court.
The "Record Book" of the
Church Missionary Association at Bhagalpur which is Annewre
'D' to Writ Petition No. 430 of I 968 furnishes evidence of vital
importance having a bearing on the estab!isliment of the School.
It contains copies of letters written from Bhagalpur and minutes
of meetings held and the resolutions passed by the Local Council
of Bhagalpur. On June 1, 1948, Rev. Vaux informed-the Calcutta Corresponding Committee of the Church Missionary Society
by a letter that if the Calcutta Society were to establish a School
at Champanagar, "local assistance shall not be wanting to the
extent of I 000 or 1200 rupees a year, besides providing a school
house and residence for the master", and that "At first, for breaking up the fallow ground and setting the school a going the presence of a Missionary of tact and experience may be necessary".
On June 26, 1948, Rev. Vaux by another letter informed the
Calcutta Corresponding Committee that a special service was held
in the Church on June 22, 1848 and thereafter on Friday June
23, 1848, a meeting was held and contributions were invited
from persons present including Indian residents, that monthly
subscriptions of Rs. 202 for the "salary of masters" and other
expenses were promised, and that an amount of Rs. 1,647 wa~
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REV. BISHOP S. K. PATRO v. BIHAR (Shah, J.)
177
donated fo~ building the school and residence for the master; that
the general impression made was so favourabl~ to the cause that
he felt justified in assuring the Calcutta Committee that !1'.e local
Committee were in a position to guarantee certain requisites for
making a commencement such as paymen.t of the salary of th.e
.School Master and Mistress and the building of a house for their
accommodation.which may afterwards be enlarged so as to form a
suitable' residence for a Mission.
By letter dated July 10, 1948 the Secretary, Calcutta Corresponding Committee, informed Rev. Vaux that they were looking out fot a prominent person to commence missionary operatio~ by opening a School "which is indeed a common way of
begmning a MisSfon".
In a letter dated December 22, 1848,
written from Bhagalpur it was stated :
"The Society will provide for the Missionary's salary
and trust that local funds will provide a. residence for
him of a suitable kind. All other Mission requirements,
such as school teachers etc., should be left to be provided on the spot."
Then there are minutes of the resolutions passed at a meeting
held on October 24, l 849 by the Parent Committee and another
resolution dated October 25, 1851, of the Local Comn:iittee, to
raise funds, and to determine upon disbursements with the advice
of the Missionary .to promote the objects of the Mission. · In the
minutes of the meeting dated October 25, 1851, it is• recorded
that a statement of account of receipts and disbursements upto
September 30, 1851· includbg expenses of a boy's ~chool and
•salary of masters, "hire of school rooms and furniture" and ex-
• penses of a girls' school "including cost o'f'working materials upto
date" was submitted.
In a letter from the Treasurer of the Committee dated May
I 0, 1852, it was stated :
·
"One of the cond.itions on which the Church MiSsionary Sohety consented to send a Missionary to this
station was that he should be provided by local friends
with a suitable residence. As this appeared to be a sina
quq non, subscriptions were raised ·for the purpose of
building a Mission house; . . . To this end I propose,
that, as soon as
the balance in hand amounts to
Rs. 11,000 that sum be transferred by me as your Treasurer to the Calcutta Corresponding Committee of the
C.M.S.; to be held by them in trust as the "Bhagalpur
Mission Fui,{d". The interest of this sum .will be more
than sufficient to pay the rent of the present Mission
premises, viz. Rs. 45 per month; and · accordingly, as
soon as the transfer is effected responsibility. The whole
178
SUPREME COURT REPORTS
[1970] T SCR.
of our remaining local funds and future collections can
A
then be devoted to the support of schools, orphanage
&., and we shall be better able to regulate our expendit~re by our means, and increase our efforts in proportion to our wants."
At a meeting of the Local Committee held on March 22,
185~, it was resolved that the Committee expresses their satis-. B
faction !II the progress made by Mr. Droese in building the Bungalow and that the Treasurer be authorised to pay to Mr. Droese
out of the Reserve Fund the further sum of Rs. 3,500 required to
complete the building.
At a meeting of the Local Committee held on August 23,
1856, it was recorded that on an area of 21 bighas of land for
which a perpetual lease was obained on November 26, 1853,
the Association had built a Bungalow and offices for the Missionary, houses for native Christians and an orphanage.
At a
meeting held on October 17, 1856, it was resolved that the
<::ommittee desired sincerely to thank Mr. Brown for "kind, active
· md liberal interest he had taken in the Mission from the first
and particularly for making over to the Society mission property
which his own exertions had in great measure secured".
It appear~ from this correspondence and the resolutions and
1he discussions at the meetings that a permanent home for the
Boy's School was set up in 1854 on property acquired by local
<llristians and in buildings erected from funds collected by them.
The institution along with the land on which it was built and the
balance of money from the local fund were handed over to the
Church Missionary Society in 1856. It is also true that substantial assistance was obtained from the Church Missionaf)'. Society,
London. But on that account it cannot be said that the School
was not established by the local Christians with their own efforts
8l!ld was not an educational institution established by a minority.
The Church Missionary Society Higher Secondary School is
an educational institution administered by a minority : that was
so found by the High Court and is not now in controversy. The
High Court held .that the prim'll)' school started in the year 1854
was started by the Church Missionary Society, London, and
such a Society cannot be said to be a citizen of India and that in
any event the persons who constituted the Society were aliens
and on that account it cannot be said that the Church Missionil!)'
Society Higher Secondary School is an educational institution established by a minority.
It is unnecessary to dilate upon these
matters at le.ngth, for, in our judgment, the conclusion that the
School was established not by the local Christians of Bhagalpur,
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but by the Church Missionary Society, London, is not justified on
the evidence. The extracts from the Record Book clearly show
that the local residents of Bhagalpur had taken a leading role in
establishing and maintaining the school. Assistance was undoubtedly obtained from other bodies including the Church Missi~n'.'!Y
Society, London.
But the School was set up by tlie Christian
Missionaries and the local residents of Bhagalpur with the aid of
funds part of which were contributed by<hem.
It is unnecessary to enter upon an enquiry whether ~
the
persons who took part in es~!!oblishing the School in 1854 were
"Indian citizens".
Prior to the enactment of the Constitution
there was no settled concept of Indian citizenship, and it cannot
be said that Christian Missionaries who had settled iii India and .
the local Christian residents of Bhagalpur did not form a minority
community. It is true that the minority competent to claim the .
protection of Art. 30 ( 1) and on that account the privelege of establishing and maintaining educational institutions of its choice must
be a minority of persons residing in India. It does not confer
D
upon foreigners not resident in India the right to set up educa•
tional institutions of their choice. Persons setting up educational
institutions must be resident in India and they must form a welldefined religious or linguistic minority. It is not however predicated that protection of the right guaranteed under Art. 30 may_
be availed of only in respect of an institution established before ··
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the Constitution by persons born and resident in British India.
It is necessary to bear in mind the difference in the phraseology used in Arts. 29 and 30 of the Constitution. By Art. 29(1)
any section of the citizens residing in the territory of India or
any part thereof having a distinct language, script or culture of
its own shall have the right to conserve the same, and cl. (2)
guarantees that no citizen shall be denied admission into any
educational institution maintained by the State or receiving aid
out of State funds on grounds only of religion, race, caste, language or any of them.
The protection of the rights under Art.
29 may be claimed only by Indian citizens. Artll:le 30 guarantees
the right of minorities to establish and administer educational institutions : the article does not expressly refer to citizenshij) as a
qualification for the members of the minorities. In Rev. Father
W. Proost and Ors. v. The State of Bihar and Ors. (1) this Court
observed:
"In qur opinion the width of Art. 30(1) cannot be
cut down, by introducing in it considerations on which
Article. 29(1) . is ~as~. The ~atte~. article is a general
protect10n whicl11s given to mmontles to conserve. their
(I) [1969] 2 S.C.R. 7>.
180
SUPREME CX>URT REPORTS
[1970] l S.C.R.
language, script or culture.
. . The two articles
create two separate rights, although it is possible that
they may meet in a given case."
The Court then observed, after referring to the judgment in Rev.
Sidhajbhai Sabhai and Others v. State of Bombay and A 11other(1)
that:
" .... the language of Article 30(1) is wide and
must receive full meaning.
We are dealing with protection of minorities and attempts to whittle down the
prote<;tion cannot be allowed. We need not enlarge the
protection but we max not reduce a protection naturally
Bowing from the words.
Here the protection clear!J
ftows from the words and there is nothing on the basts
of which aid can be sought from Article 29(1)."
The fact that funds were obtained from the United Kingdom for
assisting in setting up and developin~ the School or that the management of the inshtution was camed on by some persons who
may not have been born in India is not a ground for denying the
prOlection of Art. 30(1).
·
We are also unable to agree with the Higli Court that before
any protection can be claimed under Art. 30(1) m respect of the
Church Missionary Society Higher Secondary School it was required to be proved that all persons or a majority of them who
established the institution were "Indian citizens" in the year 1854.
There being no Indian citizensnip i., the year 1854 independently
of the citizenship of the British Empire, to incorporate in the
interpretation of Art. 30 in respect of an institution established
by a minority the condition that it must in addition be proved to
have l:een established by persons who would, if the institution
had been ~t up after the Constitution, have claimed Indian citizenship, is to whittle down the protection of Art. 30 in a manner
not warranted by the provisions of the Constitution.
The order passed by the Educational authorities requiring the
Secretary of the Church Missionary Society Higher Secondary
School to take steps to constitute_ a Managing Committee in accordance with the order dated May 22, 1 967, is declared invalid.
The appeal is allowed and the rule in the two writ retitions
is made absolute.
There will be no order as to costs in the two
writ petitions.
Since it appears that all the requisite materials
were not placed prominently before the High Couri in the writ
petitioo out of which Appeal No. 2346 of 1968 has arisen, we
direc( that in the appeal the parties shall bear their own costs
throughout.
G.C.
Appeal allowed.
(I) (19631 J S.C.R. 837.
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