AHMEDABAD ST XAVIERS COLLEGE SOCIETY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE question for consideration is whether the minorities based on religion or language have the right to establish and administer educational institutions for imparting general secular education within the meaning of Article 30 of the Constitution.

(2.) . The minority institutions which are in truth and reality educational institutions where education in its various aspects is imparted claim protection of Article 30.

(3.) . Articles 29 and 30 confer four distinct rights. First is the right of any S. of the resident citizens to conserve its own language, script or culture as mentioned in Article 29(1). Second is the right of all religious and linguistic minorities to establish and administer educational institutions of their choice as mentioned in Article 30(1). Third is the right of an educational institution not to be discriminated against in the matter of State aid on the ground that it is under the management of a religious or linguistic minority as mentioned in Article 30(2). Fourth is the right of the citizen not to be denied admission into any State maintained or State aided educational institution on the ground of religion, caste, race or language, as mentioned in Article 29(2).