D.S.SINHA, J. - (1.) The principal question which arises for determination in the instant petition is whether Chaturbhuj Shivji Anglo Gujarati School, Kanpur, hereinafter referred as the Institution, is an educational institution established and administered by a minority as contemplated by Article 30 of the Constitution of India ?
(2.) The petitioner before us is Shri Gujarati Samaj (Regd.). It claims that the institution was established in the year 1898 by Gujarati speaking people and the medium of instruction in the institution, up to primary level, is Gujarati. It further asserts that the institution is being administered exclusively by the Gujarati Speaking people. According to the petitioner, the Gujarati speaking people in the State of Uttar Pradesh are in minority and as such they have constitutional right to administer the institution without any interference. The petitioner's complaint is that the respondents are illegally denying the institution the status of a minority institution.
(3.) The scope of enquiry is restricted to the question whether the institution was established by the Gujarati speaking people and has always been administered by them. It is not necessary to investigate the question whether Gujarati speaking people in the State of Uttar Pradesh are in minority. For the purposes of instant petition we are assuming that the Gujarati speaking people are in minority in the State of Uttar Pradesh.;