Article 30 (1) is not an unbridled right, says High Court

Kolkata: During the hearing of a case where a report has now been sought from the state concerning a minority school in Chandannagar that is “unabatedly” admitting students for Class X without having any registration and recognition, the Chief Justice of Calcutta High Court, TS Sivagnanam remarked that Article 30 (1) of the Constitution is not an unbridled right.

The Bench of CJ Sivagnanam and Justice Hiranmay Bhattacharyya was hearing a PIL which alleged that St. Thomas School in Chandannagar, despite having no recognition or NOC from competent authorities, has been accepting admission of students up to Class X, and accepting huge fees pretending to be a

recognised English medium school. The petitioner’s counsel said that a school with Class X has to have recognition either with WBBSE, ICSE or CBSE.

Counsel representing the school submitted it is a minority school. “In the 2014 Constitutional Bench judgement, it was categorically held that the 2009 Act which contemplates a prerequisite recognition before operation of a school does not apply to minority schools,” the counsel said.

It was further submitted that students of this school sit for board exams through the sister concern schools. CJ Sivagnanam told the school’s counsel: “The law is well settled. Under Article 30 (1), the right to establish and administer an institution in respect of a minority institution, is there and constitutionally protected but that is not an unbridled right. In the Malankara Syrian Christian School judgement, the apex court had said that right to administer does not include right to ‘mal-administer’. Checks and balances have to be done. Institution with 800 students has to have a requisite permission.

Prior approval to establish and administer may not be a prerequisite because of protection under Article 30 (1) but thereafter the necessary approvals to be obtained cannot be dispensed. File an affidavit.” The court directed the appropriate authority of the state to file a report in the form of an affidavit. The school was also directed to file an affidavit in opposition within three weeks. The matter is listed after four weeks.