- (1.) The instant writ application is filed by the teachers of Ballygunge Siksha Sadan. The said school is managed by the respondent No. 5 Ballygunge Siksha Samiti, a society registered under the Societies Registration Act, 1860. The said society, it is averred by the respondents was established by the members of the Marwari community. Respondents have on that basis claimed minority statue for the school in question, Inter alia, on the ground of language, culture end heritage. The respondent No. 7 institution has from time to time received recognition and is presently a recognised Higher Secondary School.
(2.) According to the respondents though they had applied for and were granted a special Constitution by the concerned Government authorities, the same, does not in any manner affect the right of the school to protection under Article 30 of the Constitution of India.
(3.) The school in question, it is alleged by the respondents is run, out of its own funds and does not receive may and whatsoever from the Government, save and except dearness allowances to the proved teaching and non-teaching staff. According to the respondents leas than half of the total strength of the teaching and non-teaching staff taken together are approved staff for payment of dearness allowances.;