The Hindu : SC sets aside Kerala HC verdict on minority institution

Online edition of India's National Newspaper
Sunday, Feb 24, 2002

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SC sets aside Kerala HC verdict on minority institution

By T. Padmanabha Rao

NEW DELHI FEB. 23. The right of ``minorities'' to establish and administer an educational institution of their choice under Article 30 (1) of the Constitution "would include a case where a single philanthropic individual with his own means, founds the institution,'' the Supreme Court has reiterated.

Delivering the judgment, Justice Ruma Pal, on the facts and circumstances of the case, set aside the verdict of the Kerala High Court which held that the appellant-school, was not a ``minority institution'' because the school was established by an individual (a Christian) by making use of his personal funds and there was no contribution from any member of the minority community for purchase of the property.

Upholding the right of the management of the appellant-school (minority) in choosing the second appellant as the headmaster of the school and the State Government's approval of the same, the Bench, which included Justice S. Rajendra Babu, ordered that the second appellant's appointment as headmaster "would necessarily revive'' and "there will be no question of the recovery of any amount from the second appellant''.

The Bench made it clear that "its decision will not entitle the school to recover any amount which may have been paid to the two respondents (who had been paid the salary of headmaster) by reason of the decision of the High Court".

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