LIEUTENANT GOVERNOR Vs. JAGDISH CHAND KARDAM
HIGH COURT OF DELHI
JAGDISH CHAND KARDAM
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Prakash Narain,C.J. -
(1.)-Only one point arises for determination in this appeal under Clause 10 of the Letters Patent as applicable to this Court. The point is whether schedule castes constitute a minority within the meaning of Article 30 of the Constitution.
(2.)The learned Single Judge has observed in his judgment under appeal that, "Admittedly it is a minority educational institution of the schedule classes" while giving a resume of facts in the earlier part of his judgment. How the learned Single Judge got this impression is not very clear. It seems that though a return was filed on behalf of respondent No. 2, by an affidavit sworn by Shri Lal Chand, Secretary of the Baba Saheb Ambedkar Higher Secondary School, no appearance was put in at the time when the writ petition was heard by the learned Single Judge. Be it as it may, we have to construe the provisions of the Constitution. Respectfully we must observe that the provision of the Constitution as such was not construed by the learned Single Judge and he went by his impression as to admitted facts.
(3.)Article 30 of the Constitution protects certain rights of minority communities if the minority community is classified either on the basis of religion or on language. There is no protection for any other type of minority under Article 30 of the Constitution. Article 29 of the Constitution, which is a distinct article does envisage communities having distinct culture etc. and does not speak of religion. Article 29 and Article 30 of the Constitution operate in distinct fields. Though a community having a distinct language may also be a minority as envisaged by Article 30 but the reverse may not necessarily be true. Schedule castes otherwise having diverse protections under the Constitution cannot be regarded as a minority community within the meaning of Article 30 of the Constitution. We do not comment upon whether they would be covered as such by Article 29 of the Constitution as there is no material about it on the record.
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