LexSINDHI EDUCATION SOCIETY & ANR. versus THE CHIEF SECRETARY, GOVT. OF NCT OF DELHI & ORS.
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[2010) 8 S.C.R. 81 SINDHI EDUCATION SOCIETY & ANR. v. THE CHIEF SECRETARY, GOVT. OF NCT OF DELHI & ORS. (Civil Appeal No. 5489 of 2007) JULY 8, 2010 · [DR. B.S. CHAUHAN AND SWATANTER KUMAR, JJ.] Education/Educational Institutions: Minority institutions - School run by a linguistic minority - Receiving grant-in-aid - Circular issued by Education Department of Delhi Government in September 1989 to all A B c the schools that appointment of scheduled castes and schedule Tribes candidates was a precondition for all the 0 institution receiving grant-in-aid from Government in terms of r.64 of the Delhi School Education Rules, 1973 - HELD: Rule 64(1 )(b) and the Circular of September 1989 are not enforceable against linguistic minority schools in NCT of Delhi - Delhi School Education Rules, 1973 - r.64(1)(b) - E Delhi School Education Act, 1973 - ss. 20,21, 28(2). Delhi School Education Rules, 1973: r.64(1)(b) - Undertaking to be given by a school for grant- in-aid to fill in the posts in the school with the Scheduled F Castes and Scheduled Tribes candidates - HELD: Is not enforceable against linguistic minority schools in NCT of Delhi - The object and purpose of the DSE Act is to improve the standard and management of school education and protection to minority schools - Rules must fall within the G ambit and scope of principal legislation - If r. 64(1 )(b) is enforced against minority schools, it would adversely affect and dilute the protection available to. minority school under the Act and the Constitution - Delhi School Education Act, 81 H 82 SUPREME COURT REPORTS (2010] 8 S.C.R. A 1973 - s.21- Constitution of India, 1950 - Articles 14, 15, 16(2), 29 and 30(2) - Interpretation of Statutes - Purposive interpretation - Doctrine of purposive advancement. B c Delhi School Education Act, 1973: s.2(o) - 'Minority school' - School run by Sindhi Education Society - HELD: Is a linguistic minority school in NCT of Delhi - Delhi School Education Rules, 1973 - r.64(1)(b). CONSTITUTION OF /NOIA, 1950 Articles 14, 15, 29 and 30(2) - Minority Institutions - Grant-in-aid - School run by Sindhi Education Society - HELD: The Society enjoys the status of a linguistic minority 0 and the school being a minority institution is entitled to all constitutional benefits and protection under Articles 29 and 30 - To receive grant-in-aid is a legitimate right of a school subject to satisfying the requirement of law - Article 30(2) requires the State not to discriminate the minority institution in relation to matters of grant-in-aid - Delhi School Education E Rules, 1973 - r.64(1)(b). Articles 15, 29 and 30 - Linguistic minority - Right to establish and administer school - HELD: Includes right to appoint teachers - To appoint a teacher is part of the regular F edministration and management of the school - A linguistic minority is entitled to conserve its language and culture by a constitutional mandate - A provision of law or a circular which would be enforced against the general class may not be enforceable with the same rigors against minority institutions, G particularly, where it relates ,to establishment and management of a school - Rule 64(1)(b) of DSE Rules, if enforced, would adversely affect and dilute the right and protection available to minority school under the Constitution - Delhi School Education Rules, 1973 - r.64(1)(b). H Articles 14, 15(5), 16, 29 and 30(1) - Reservation policy SINDHI EDUCATION SOCIETY v. CHIEF SECRETARY, 83 GOVT. OF NCT OF DELHI - Exception in regard to minority institutions - HELD: A Although State is entitled to make law and reservations in different fields for Scheduled Castes, Scheduled Tribes and backward classes in the service under the State, but Article 15(5) carves out an exception for minority educational institutions in regard to which the said power cannot be B exercised. Articles 12, 14 and 16 - "State" - ReservatiOn in relation to 'service under the State' - Linguistic minority school run by a society registered under Societies Registration Act - C Receiving grant-in-aid - HELD: The expression 'service under the State' would include service directly under the State or its instrumentalities which can be termed as State within the meaning of Article 12 - In order to bring a society, organization or body within the expressions 'State' or 'other authorities' appearing in Article 12, financial control, D manag
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