Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India Article 30(1) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Constitution of India-Article 30(1) Kerala Education Rules 1959-Rule 12(iii). The right of a minority educational Institute-Whether state can refuse a minority educational institution from admitting the girl students. The appellant opened a High School mainly for the benefit of the students of the Christian community in the year 1947. The necessary sanction was accorded by the Govt. of Travancore. Only boys were admitted in the school till the end of the academic year 1971-72. In the subsequent year, the management constructed building in the school compound to provide accommodation for girl students. The Manager applied to the Regional Deputy Director for permission to admit girl students in the school. The regional Deputy Director refused to give sanction for admission of the girl students. The main ground of refusal was that the school was not opened as a mixed school and that the school had been running purely as a boys' school for 25 years. Another reason given was that there was facility for the education of the girls of the locality in a near-by girls school which was established by the Muslims and was also a minority institution. An appeal filed before the educational authority failed. Under rule 12(i) of Kerala Education Rules, 1954 all primary schools are deemed to be mixed schools and the admission thereto shall be open to boys and girls alike. Under the special circumstances the Director may exempt particular institutions so that admission thereto might be restricted to boys or girls. Rule 12(ii) provides that admission to schools which are specifically recognised as girls' schools shall be restricted to girls. However, the Director has power to empower boys below 12 years up to 7th standard to be admitted. Rule 12(iii) provides that the girls may be admitted in schools for boys if in the town there are no girls' schools. The appellant filed a writ petition in the High Court challenging the order of the educational authorities. The High Court came to the conclusion that since only boys were admitted in the school for a long time the self·imposed restriction by the management made it a boys' school and that the authorities had powers under rule 12(iii) to prevent the school from admitting the girls. The High Court held that the basis of the rules was that as far as possible girls should be given education in girls' schools only and that it was in the nature of regulation for discipline. |
Judge | Hon'ble Mr. Justice N.L. Untwalia |
Neutral Citation | 1978 INSC 160 |
Petitioner | Rt. Rev. Magr. Mark Netto |
Respondent | Govt. Of Kerala & Ors. |
SCR | [1979] 1 S.C.R. 609 |
Judgement Date | 1978-09-11 |
Case Number | 927 |
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