R.H.Zaidi, J. - (1.) HEARD learned counsel for the petitioner and learned standing counsel. Present petition has been filed by the petitioners for a writ, order or direction in the nature of mandamus commanding the respondents to treat and declare the Institution known as Vedic Putri Pathshala Inter College, Nai Mandi, Muzaffar Nagar, hereinafter referred to as the "Institution', run by the petitioners as a minority Institution and not to enforce the provisions of U.P. Secondary Education Service Commission Act, 1982 over the Institution in question.
(2.) IT has been asserted that the Institution in question was established and is administered by the minority i.e. Arya Samajist, therefore, the same is a minority Institution under U.P. Intermediate Education Act, 1921 or in -any other Statute there is no provision, providing a forum to grant declaration that any particular Institution was a minority Institution. The concept of minority Institution has been given in Article 30 of the Constitution of India. The word 'minoritx' has not been defined in the Constitution of India, but according to popular sense of the term it refers to any community, which is numerically less than 50% of the population of the State concerned. The minority may be based either on religion or language. Article 30(1) of the Constitution of India provides as under: - - 30(1): Right of minorities to establish educational Institutions: All minorities, whether based on religion or language, shall have the right to establish and administer educational Institutions of their choice.
(3.) FOR regulating and supervision the system of High Schools and Intermediate Education in U.P. and prescribe the courses therefore, U.P. Intermediate Education Act, 1921, was enacted. After enforcement of the Constitution of India, the Act was amended from time to time. Section 16FF has been inserted in the Act keeping in view the provision of Article 30 of the Constitution of India, which provides as under: - - 16 -FF. Savings as to minority Institutions: - -(1) Notwithstanding anything in sub -section (4) of Section 16F. the Selection Committee for the appointment of a Head of Institution or a teacher of an Institution established and administered by a minority referred to in clause (1) of Article 30 of the Constitution shall consist of five members (including its Chairman) nominated by the Committee of Management: Provided that one of the members of the Selection Committee shall - - (a) in the case of appointment of the Head of an Institution, be an expert selected by the Committee of Management from a panel of experts prepared by the Director; (b) in the case of appointment of a teacher be the Head of the Institution concerned. (2) The procedure to be followed by the Selection Committee referred to in Sub -section (1) shall be such as may be prescribed. (3) No person selected under this section shall be appointed unless - - (a) in the case of the Head of an Institution the proposal of appointment has been approved by the Regional Deputy Director of Education; and (b) in the case of a teacher such proposal has been approved by the Inspector. (4) The Regional Deputy Director of Education or the Inspector, as the case may be, shall not withhold approval for the selection made under this section where the person selected possesses the minimum qualifications prescribed and is otherwise eligible. (5) Where the Regional Deputy Director of Education or the Inspector, as the case may be, does not approve of a candidate selected under this section, the Committee of Management may, within three weeks from the date of receipt of such disapproval, make a representation to the Director in the case of the Head of Institution, and to the Regional Deputy Director or Education in the case or a teacher. (6) Every order passed by the Director or the Regional Deputy Director of Education on a representation under sub -section (5) shall be final.;