Constitution of India, 1950:

Article 30 - Private Institutions - Government Regulations - Applicability of and its extent - Held: in case of private unaided educational institution Government can put conditions pertaining to academic and educational matters and welfare of students and teachers only, but not in the matter of administration - In case of private aided educational institutions, once aid is granted, Government as a condition of grant of aid, can put fetters on the freedom in the matter of administration and management of the institution - But such institutions cannot be treated as wholly owned and controlled by Government - Hence Government cannot interfere. with constitution of governing bodies - Autonomy of aided institution would be less than that of an unaided institution.

Articles 29(2) and 30(1) - Right of Aided Private Minority Institution to Administer itself - Government regulation - Extent of applicability to - Held, right under Article 30(1) is not absolute although right to administer includes right to grant admission to students of its choice - But when such minority institution is granted aid, Article 29(2) would apply - Hence one of the rights of administration of the minorities i.e. right to grant admission would be eroded to some extent - However, there is an interplay between the two Articles - Such an institution should admit non-minority students based on merit to a reasonable extent, whereby minority character of the institution is not annihilated and at the same time rights granted under Article 29(2) are not subverted-The reasonable extent would depend on variable factors and specific percentage cannot be fixed - Articles 28(1) and (3).

Article 30(2) - Meaning, Scope and effect of - Whether the provision gives a right to ask for grant and aid from the State - In case of State aided institution extent of its autonomy - Held, grant of aid is not a constitutional imperative - The provision means that grant of aid by State could not be denied to religious/linguistic minority institution only on the ground that the management of the institution is by minority - But if an abject surrender of right to management is. made a condition of aid, the denial of aid would be violative of the provision - However, conditions of aid that do not involve a surrender of substantial right of management would not be inconsistent with constitutional guarantees even if they indirectly impinge upon some facets of administration - Article 337.

Article 30(1), VII Schedule List III Entry 25 - Linguistic and Religious Minority - Unit of - Whether within the State or the country as a whole - Held, it would be decided state-wise - Inclusion of 'education' in VII Schedule, List III Entry 25 would not affect determination of a "religious" or "linguistic" minority.

Articles 19(1)(g), 26 and 10 - Establishment and administering of educational institution - Held: ls covered by these Articles and hence a fundamental right.

Articles 26 and 30 - Difference between-Discussed

Unnikrishnan's case - Reconsideration of - Held, the case, in so far as it framed the scheme relating to grant of admission and fixing of fee, overruled.

Interpretation of Constitution-Harmonious construction-Held, when constitutional provisions are interpreted it has to be borne in mind that the interpretation should be such as to further the object for which they were F incorporated-They cannot be read in isolation and have to be read harmoniously to provide meaning and purpose-They cannot be interpreted as to render another provision redundant-Purposive and harmonious interpretation required.

Interpretation of Statute - Historical facts and Constituent Assembly debates - Aid of - Held, aid can be taken for construing the provisions of an Act or the Constitution.

Doctrines:

Doctrine of real de facto equality - Applicability of.

Words and Phrases:

"Occupation" - Meaning of in the context of Article 19(1)(g) of the Constitution of India, 1950.

"Minority" - Meaning of.

"Religious and Linguistic Minority" - Meaning of in the context of Article 30 of the Constitution.

"Private educational institution" - Meaning of.

Earlier, a 5 Judges Bench of this Court was of the view that Article 30 of the Constitution of India did not clothe a minority educational institution with power to adopt its own method of selection and doubted the correctness of the decision in St. Stephen's College v. University of Delhi, [1992] 1 SCC 558. The matter was then placed before 7 Judges Bench who directed the matter to be placed before II Judges Bench because it felt that in view of 42nd Amendment to the Constitution, whereby "education" had been included in Entry 25 of List III of VII Schedule of the Constitution, the question as to who would be regarded as "minority" was required to be considered because the earlier cases deciding the issue related to pre-amendment era, when 'education' was only in State List. Eleven questions were referred to the Constitution Bench. In view of the arguments led by the parties in the petitions, the following five main issues arose for consideration: 

1. Is there a fundamental right to set up educational institutions and if so, under which provision?

2. Does Unnikrishnan 's case require reconsideration?

3. In case of private institutions, can there be Government Regulations and, if so, to what extent?

4. In order to determine the existence of a religious or linguistic minority in relation to Article 30, what is to be the unit-the State or the country as a whole?

5. To what extent can the rights of aided private minority institutions to administer be regulated?