BRAHMOSMJ EDUCATION SOCIETY AND ORS. Vs. STATE OF WEST BENGAL AND ORS.
LAWS(SC)-2016-1-139
SUPREME COURT OF INDIA (FROM: CALCUTTA)
Decided on January 15,2016

Brahmosmj Education Society And Ors. Appellant
VERSUS
STATE OF WEST BENGAL AND ORS. Respondents

JUDGEMENT

- (1.) These writ petitions have been filed under Article 32 of the Constitution of India by Brahmo Samaj Education Society, Calcutta, inter alia, praying for a declaration to the effect that Brahmo Samaj is a separate and distinct religion by itself, a religious minority and a religious denomination within the meaning of Article 25, 26 and 30(1) of the Constitution of India and that Brahmo Samaj has the right to set up, manage and administer educational institutions founded by it within the State of West Bengal according to its choice. The petitioners also pray for a writ of mandamus or any other writ or direction commanding the respondents to recognise and grant protection to the institutions established, managed and administered by the Brahmo Samaj as a minority community based on religion within the meaning of provisions mentioned above and not to interfere with and/or disturb the management of the said Institutions and not to enforce the provisions of the West Bengal College Teachers (Security of Service) Act, 1975 and the West Bengal College Service Commission Act, 1978. A further declaration that the provisions of Statute 93 and similar other provisions of the Calcutta University First Statute which interfere with the Constitution and powers of the Governing Body of the Colleges established and administered by the petitioners can have no application to such institutions and that the rights of the Brahmo Samaj and the Brahmo Samaj Education Society to appoint their own Principal, Vice-Principal, Professors and Teachers of the Colleges administered and managed by them cannot be interfered with has also been prayed for. A writ in the nature of prohibition restraining the respondents from enforcing the provisions of the two State enactments mentioned above besides, a writ of Certiorari quashing Memo dated 8th May/20th June, 1979 issued by the State Government are the further and additional reliefs claimed by the petitioners.
(2.) The petitions were initially heard and disposed of by a Bench of three Judges of this Court by an order dated 5th May, 2004 (Brahmo Samaj Education Society & Ors. v. State of W.B. & Anr., 2004 6 SCC 224). The operative part of the order passed by this Court was in the following words: "...only a person who has qualified NET or SLET will be eligible for appointment as a teacher in an aided institution. This is the required basic qualification for a teacher. The petitioners' right to administer include the right to appoint teachers of their choice among the NET/SLET-qualified candidates."
(3.) Aggrieved by the view taken by this Court, the State of West Bengal filed Review Petition No.1850-1851 of 2005 wherein petitions were heard and allowed by this Court in terms of an order dated 31.07.2008, whereby the order passed in the writ petitions was recalled and the writ petitions directed to be listed for hearing again before a Constitution Bench. That is precisely how the present writ petitions have been placed before us for final hearing and disposal.;


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