NDLI: Chandana Das (malakar) Vs. The State of West Bengal & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Art. 30 of the Constitution Appointment Of teachers Service Law minority institution
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Constitution of India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Service Law: Appointment – Of teachers – In minority institution – Not approved by District Inspector of Schools on the ground that the same was without recommendation by School Service Commission mandated u/r. 28 of 1969 Rules – Writ petition – Single Judge of High Court held that the institution being a linguistic minority institution was entitled u/Art. 30 of the Constitution to appoint its teachers – Division Bench of High Court held that since the institution was recognized aided institution, management was bound to follow mandate of r. 28 of the Rules – Appeal to Supreme Court – Difference of opinion between Judges of Supreme Court (one agreeing with opinion of Single Judge of High Court while the other agreeing with Division Bench of High Court) – Matter referred to larger Bench – Held: In the facts of the case, it is made out that the institution is a linguistic minority institution – Therefore, r. 28 would not apply as the same would result in serious infraction of the right of the institution u/Art. 30 of the Constitution to administer the institution with teachers of its own choice – Management of Recognized Non-Government Institutions (Aided and Unaided) Rules, 1969 – r. 28 – West Bengal Board of Secondary Education Act, 1963 – Constitution of India – Art. 30. Constitution of India: Art. 30 – Linguistic minority status – Determination of – Held: Where challenge is to the State law, linguistic minority status has to be determined State-wise. Art. 30 – Linguistic minority status – Determination of – Criteria – Held: Medium of instruction (language) followed in the institution would be irrelevant to discover as to whether the institution in question was founded by a linguistic minority for the purpose of imparting education to members of its community. Art. 350B – Special Officer’s Report – In respect of linguistic minority institution – Absence of – Affect on minority status of the institution – Held: Absence of report of the Special Officer would not lead to the conclusion that no linguistic minority can claim protection as such u/Art. 30 (1) of the Constitution.
Judge	Hon'ble Mr. Justice R.F. Nariman
Neutral Citation	2014 INSC 623
Petitioner	Chandana Das (malakar)
Respondent	The State Of West Bengal & Ors.
SCR	[2019] 12 S.C.R. 631
Judgement Date	2019-09-25
Case Number	2858

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Chandana Das (malakar) Vs. The State of West Bengal & Ors.

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