Satish Chandra, J. - (1.) A learned single Judge of this Court has referred the following question of law for the opinion of this Court:- "Whether an educational institution established by a religious or a linguistic minority is bound by the provisions of Section 16-G (3) (a) of the U. P. Intermediate Education Act?"
(2.) CLAUSES (a) and (b) of Section 16-G (3) of the aforesaid Act provides:- (a) No Principal, Head Master or teacher may be discharged or removed or dismissed from service or reduced in rank or subjected to any diminution in emoluments or served with notice of termination of service except with the prior approval in writing of the Inspector. The decision of the Inspector shall be communicated within the period to be prescribed by regulations. (b) The Inspector may approve or disapprove or reduce or enhance the punishment or approve or disapprove of the notice for termination of service proposed by the management. Clause (c) of this provision provides for an appeal against the order of the Inspector to the Regional Appellate Committee. The Appellate Committee could, after such enquiry as it consider necessary, confirm the order or set aside or modify it.
(3.) THE question referred to us relates to the fundamental right conferred by Article 30 (1) of the Constitution upon religious and linguistic minorities. This Article confers a right to the minorities to establish and administer educational institutions of their choice.;