D.K.Seth, J. - (1.) These three appeals by consent of the parties were taken up together for hearing in view of the fact that these appeals arise out of the one and the same judgment passed by the learned Single Judge in Writ Petition No. 2234 (W) of 1998 on 7th April, 1998. The respective appellants had challenged the order appealed against on various grounds founded upon the same set of facts involving identical question of law. 1.1. The principal question that arises for our determination is as to whether the respondent Siliguri Hindi High School is a minority institution within the meaning of and protection guaranteed under Article 30 of the Constitution of India. Facts:
(2.) The Siliguri Hindi High School was established as an Anglo Hindi English Medium School in 1935 by the Hindi speaking Marwari business community of Siliguri after this community had felt in 1934 the need to establish an Anglo Hindi English Medium School. It also appears that local several merchants' association had fostered the school after having felt the necessity of starting a Hindi Medium School for education of the children of the Hindi speaking people. This school is alleged to have come into existence in 1932. It seems that this school is the beginning or genre of the Siliguri Hindi High School with English as medium of instruction. The property of the school is now comprised of a huge area of land (28 Bighas) acquired by purchase as well as through donations mainly by the people of the Marwari community. However, 5 Bighas of the land appears to have been donated by two Bengalees in 1954 and 1955. The first land was purchased in 1939; then there was a donation in 1940 and purchase in 1954. Until 1966, the school was being managed all along by Marwari community of Siliguri, the community instrumental in the establishment of the school. This fact does not seem to be in dispute. 2.1. A society, namely, Siliguri Hindi High School was set up in 1981 and was registered under the Societies Registration Act. Until 1979 the management of the school was never interfered with. On 26th August, 1961 the Managing Committee was reconstituted strictly according to the Revised School Code. The School Committee wrote to the District Inspector of Schools, Darjeeling (DIGS) on 28th August, 1961 for placing departmental nominee in the Reconstituted Managing Committee. The BIOS regretted its inability on the ground that there was no provision for placing departmental nominee to an unaided school. Ultimately the school started receiving grant in the form of DA since 1966 and in the form of salary deficit from 1980. The school did not claim minority status until 1980. On 17th September, 1981, the society wrote to the Board for special constitution on the basis of the Memorandum of Association and Rules and Regulations of the society so formed. On 24th February, 1982, the society repeated its prayer. It does not seem to appear that any steps were taken with regard to the claim of linguistic minority status by the society or was replied to. 2.2. On the other hand, in 1983, the DIOS took steps under the Management of Recognised Non-Government Institution (Aided and Unaided) Rules, 1969 (1969 Rules) for appointment of Drawing and Disbursing Officer (DDO) for the administration of the school on the ground that there was no valid Managing Committee in terms of the 1969 Rules. But this step could not fructify on account of an interim order granted on 7th December, 1983 by this Court on a writ petition being C.O. No. 12145 (W) of 1983 filed by the school. This civil order was ultimately disposed of on 30th January, 1997 by directing the Board to consider the question of grant of special constitution and take a decision in accordance with law by passing a speaking order within the time stipulated therein or within such time as may be extended by the Board. It had also directed continuance of status quo as was prevailing on the date of the said order viz: 30th January, 1997. Aggrieved by the said order, the Siliguri Hindi High School preferred an appeal being MAT. No. 989 of 1997. On an application being CAN 2559 of 1997, the appeal was disposed of by the Division Bench on 12th November, 1997 holding inter alia that the State Government is the competent authority to consider and determine the status of the school. The Appeal Court had modified the order to that extent viz: by directing the State Government instead of the Board to consider the question of minority status of the school after giving opportunity of hearing to all concerned including the intervenor and the representative of the Board within the time stipulated in the said order. The Appeal Court had further directed that the administration of the school may be continued to be run by the existing society, but its affairs shall be overseen by the DIOS(SE). 2.3. In terms of the said order, the Secretary, Education Department (SE), Government of West Bengal, determined the question in the order dated 29th January, 1998 (Annexure "D", MAT 1497 of 1998, p. 116). This order was challenged in Writ Petition No. 2234 (W) of 1998 upon which the order appealed against was passed. Contention on behalf of the appellant-Board: MAT No. 1497 of 1998:
(3.) Mr. Bikash Ranjan Bhattacharya, learned Senior Counsel, appearing on behalf of the appellant-Board in MAT No. 1497 of 1998, founded his contention on the ground that the school had never claimed minority status until 1980. A school established in the Thirties of the Twentieth Century never claiming to be a minority school, cannot acquire such status simply because the society formed in 1980 had claimed so. Secondly, he contended that though the Secretary in the impugned order dated 29th January, 1998 had held that the Marwaris in Siliguri are admittedly minorities, yet on facts the school having not been established to preserve the script and culture of the Marwaris, it cannot claim minority status envisaged under Articles 29 and 30 of the Constitution respectively. He thirdly contended that the medium of instruction of the school is English. It was alleged that the Hindi speaking Marwari community had established this school. Hindi being the majority language in India and Hindi not being the mother tongue of the Marwaris, the Marwaris could not claim as a linguistic minority in Siliguri by reason of adoption of Hindi as their language and establish and run a school with English as medium of instruction and then claim minority status. His fourth contention was that in the management of the school some persons other than Marwaris were also involved. A considerable quantum of land was donated by two Bengalees of the locality, eroding the claim of minority status. His fifth contention was that the school followed the Revised School Code in the constitution of its Managing Committee and required the Board for placing departmental nominee in the reconstituted Managing Committee as back as in 1961. Thereafter, it cannot now turn round and claim minority status on the basis of its prayer for grant of special constitution in 1981. His sixth contention was that the school started receiving grant in the form of DA since 1966 and in the form of salary deficit from 1980, and till then there was no existence of the alleged society. Until 1981, no claim for minority status was ever made by the school. A school, which was not a minority school, could not claim to be converted into a one such school at the whims of the society formed long after the school was established. He last contended that there was nothing to show that the school was established and run exclusively by the Marwaris. On the other hand, non-Marwaris had taken part in the management of the school. There is nothing to show that the Marwari script and language was one of the curriculums in the school. There is nothing to show that the Marwari culture, script and language was sought to be conserved and advanced by the establishment of the school. On the other hand, from the affidavit of the school, it is apparent that initially the school was sought to be established in 1932 as a Hindi Medium School and in 1935 as an Anglo Hindi English Medium School. Therefore, there is nothing to indicate its minority character right from the beginning and all through the history of the school. 3.1. He had relied on various decisions and other facts in support of his above contentions referring to Rule 8(3) of the Management of Recognized Non-Government Institution (Aided and Unaided) Rules, 1969 and Articles 29 and 30 of the Constitution of India. We would refer to the respective contentions and the decisions cited by him at appropriate stage. Contention on behalf of the appellant-State: MAT No. 1538 of 1998 :;