- (1.) R. A. Sharma, J. Petitioner No. 1 is a registered Society formed by the teachers of Secondary Education and petitioner No. 2 is its President. They have filed this writ petition challenging the order dated 6-10-1994 (Annexure- 3 to the writ petition) passed by the Government of Uttar Pradesh, laying down the norms for granting recognition to the minority institutions. The grievance of the petitioners is that the norms do not lay down the criteria of the educational institutions being established and administered by the minority as the condition for grant of recognition.
(2.) WE have heard the petitioners in person, learned Standing Counsel and Sri M. A. Qadir, who has moved an application on behalf of Committee of Management, Muslim Inter College, Maunath Bhanjan, district Mau and Muslim Higher Secondary School Society Maunath Bhanjan, district Mau. The Supreme Court in S. Azeez Pasha v. The Union of India, AIR 1968 SC 662 and R. Frank Anthony Public School Employees Association v. Union of India, AIR 1987 SC 311, has laid down that the right given to religious and linguistic minorities under Article 30 is in two-fold : to establish and to administer educational institutions of their choice. Both those require ments must exist before an institution could be granted recognition as a minority institution under Article 30 (1) of the Constitution. It was further laid down that both the conditions must be read conjunctively with the result that a minority can have the right to administer an educational institution as a minority institution only if it was established by them and not other wise. A Division Bench of this Court in Badrul Hasan Qadiri v. State of U. P. and others, (1992) 1 UPLBEC 362, has, after considering the judgment of Supreme Court, reiterated the same principle, by holding that unless an educational institution was both established as well as administered by the minority, it cannot seek protection under Article 30 of the Constitution. It was accordingly laid down that if an institution is established by prominent citizens, which include not only Muslims but also Hindus for promotion of education in general and not merely for the benefit of any particular com munity, it shall not get the recognition under Article 30 of the Constitution. In the instant case the norms laid down by the Government by impugned order do not expressly require that the institution, in order to get recognition as minority institution, should have been established and adminis tered by the minority. But the learned Standing Counsel and Sri M. A. Qadir who appears for intervener, have stated that such a condition is implicit in those norms. Petitioners have stated that they have no objection if what is implicit in the norms is made explicit and if it is so explained they will not press their writ petition. To this learned Standing Counsel and Sri Qadir have no objection.
(3.) THE writ petition is accordingly disposed of with the observations that both the requirements i. e. establishment and administration of the educational institution by the minority must exist before any recognition, under Arti cle 30 (1) of the Constitution, can be granted to an institution. Unless it is shown that the institution was both established by the minority and is being administered by it, no recognition under Article 30 (1) of the Consti tution can be granted to it. THE Government and its authorities are directed to grant recognition under Article 30 (1) of the Constitution to only such institutions which satisfy the twin requirements, referred to above. W. P. accordingly disposed of. .;