Holding

A Single Judge is bound by the Division Bench judgment and, in a recognised minority institution, prior approval of the District Basic Education Officer is not required for termination of a teacher.

Summary

The Committee of Management of Kanya Junior High School, a Jain‑run minority institution, terminated Assistant Teacher Santosh Upadhyay for acts of indiscipline after a show‑cause notice, suspension and enquiry. She challenged the termination, arguing that under Rule 11 of the Uttar Pradesh Recognised Basic School Rules, 1975, prior written approval of the District Basic Education Officer was required. The Allahabad High Court’s Single Judge dismissed her writ petition, but a Division Bench later held that the school’s minority status exempted it from that requirement. The Single Judge again ignored the Division Bench and ruled otherwise. The Supreme Court held that a Single Judge is bound by a Division Bench decision of the same court and that, for a recognised minority institution, prior approval of the District Basic Education Officer is not necessary to dismiss a teacher. Consequently, the Supreme Court set aside the Single Judge’s order and allowed the appeal.

Issues considered

Whether a Single Judge of a High Court is bound by the judgment of a Division Bench of the same court.
Whether prior approval of the District Basic Education Officer is required for termination of a teacher in a minority institution under Rule 11 of the Uttar Pradesh Recognised Basic School (Recruitment and Conditions of Service of Teachers and Other Conditions) Rules, 1975 (and related 1978 Rules).

Legislation cited

Constitution of Indias. Article 30(1)
National Commission for Minorities Act, 1992
U.P. Basic Education Act, 1972

Subjects

minority institutionArticle 30teacher terminationprior approvalDistrict Basic Education OfficerRule 11single judge bound by division benchservice laweducational institution

Judgment

COMMITTEE OF MANAGEMENT, KANYA JUNIOR HIGH SCHOOL BAL A
VIDYA MANDIR, ETAH, U.P.
v.
SACHIV, U.P. BASIC SHIKSHA PARISHAD ALLAHABAD, U.P. AND ORS.

AUGUST 21, 2006
B
[S.B. SINHA AND DALVEER BHANDARI, JJ.]

Service Law:

Uttar Pradesh Recognized Basic School (Recruitment and Conditions C
of Service of Teachers and Other Conditions) Rules, 1975: Rule 11.

Dismissal and Removal of Teachers-Minority institution-Imposition
of penalty on teachers-Prior approval of District Basic Education Ojjicer-
Requirement of-School was established and administered by the Jain
community which was recognized as a minority community by the State D
Government-Assistant teacher was removed from service for acts of
indiscipline-Single Judge held that the services of the said teacher could
not be terminated without prior permission from the District Basic Education
Ojjicer-Yalidity of-Held: The institution established and administered by
the Jain Community is recognized as minority by the State Government- E
Hence, prior approval of the District Basic Education Officer was not necessary
before terminating the services of a teacher-Uttar Pradesh Recognized
Basic Schools (Junior High Schools) (Recruitment and Conditions of Services
of Teachers) Rules, 1978, R. 16.

Practice and Procedure: F
Division Bench Judgment-Binding nature of-On a Single Judge of
the same High Court-Held: A Single Judge of the High Court is bound by
the decision of the Division Bench of the same High Court and, therefore, a
Single Judge could not take a contrary view.
G
The appellant-school was established and administered by the Jain
community which was recognized as a minority community by the State
Government. Respondent No. 3 was working as an Assistant Teacher in the
appellant-school. A show-cause notice was sent to respondent No. 3 by the
813 H
814 SUPREME COURT REPORTS [2006) SUPP. 4 S.C.R.

A Principal of the appellant-school directing her to stop her acts of indiscipline.
The appellant did not receive any satisfactory reply from respondent No. 3
and, therefore, a suspension order was passed. After enquiry, respondent No.
3 was removed from the service of the school.

Being aggrieved, respondent No. 3 filed a writ petition before the High
B Court contending that she could not be removed from service without taking
prior approval from the District Basic Education Officer under Rule 11 of
the Uttar Pradesh Recognized Basic School (Recruitment and Conditions of
Strvice of Teachers and Other Conditions) Rules, 1975. A Single Judge of

C
the High Court dismissed the writ petition on the ground of availability of
alternative remedy under Rule 16 of the Uttar Pradesh Recognized Basic
...
Schools (Junior High Schools) (Recruitment and Conditions of Services of
Teachers) Rules, 1978.

Respondent No. 3, aggrieved by the order of the Single Judge, preferred
a Special Appeal before a Division Bench of the High Court. The Division
D Bench dismissed the Special Appeal on the ground that the appellant-school
had been accorded the status of a minority institution and, therefore, no prior

-
approval of the District Basic Education Officer for terminating the services
of a teacher in a minority institution was required to be taken.

In subsequent proceedings in writ petition, a Single Judge while
E altogether ignoring the said judgment of the Division Bench had held that, in
the Special Appeal, the Court had not considered the question regarding the
minority status of the appellant-school and held that the services of respondent
No. 3 could not be terminated without prior permission from the District Basic
Education Officer. Hence the appeal.

F The following questions arose before the Court:-

(1) Whether in view of the judgment of the Division Bench it was open
to the Single Judge of the same High Court to take a contrary view?

(2) Whether prior approval of the District Basic Education Officer was
G required for terminating the services of a teacher in a minority institution
under the Uttar Pradesh Recognized Basic School (Recruitment and
Conditions of Service of Teachers and Other Conditions) Rules, 1975?

Allowing the appeal, the Court

H HELD: 1.1. The approach adopted by the Single Judge in this case is
COMMITTEE OF MANAGEMENT,., SACHIV, U.P. BASIC SHIKSHA PARISHAD 8 J5
·• against the settled principle of law. Law is consistent and clear that the Single A
Judge of the High Court is bound by the decision of the Division Bench. In
view of the clear findings of the Division Bench of the same High Court, the
Single Judge of the same High Court could not take a contrary view. The
Single Judge was bound by the judgment of the Division Bench of the said
High Court. (827-D; 833-A(
B
1.2. It is not in dispute that the appellant-institution established and
administered by the Jain Community is recognized as minority by the State
Government from the date of its establishment continuously for 25 years and
the said benefit could not be nullified by the Single Judge who had ignored
the specific finding of the Division Bench. (833-B] C
2. Jain religion indisputably is not a part of Hindu religion. The
question as to whether Jains are part of the Hindu religion is open to debate.
Jains have a right to establish and administer their own institutions. But,
only because an institution is managed by a person belonging to a particular
religion, the same would not ipso facto make the institution determinable by D
reference to the demography of a State. Whether an institution is established
and administered by a minority community or not may have to be determined
by the appropriate authority in terms of the provisions of the statute governing
the field. Furthermore, minority institutions are not immune from the
operations of the measures necessary to regulate their functions. To what E
extent such regulations would operate, however, again is a matter which would
be governed by the statute. (838-A-DJ

The Commissioner Hindu Religious Endowments, Madras v. Sri
Lakshmindra Thirtha Swamiar of Sri Shirur Mutt, AIR (1954) SC 282, In Re:
Kera/a Education Bill, (1957) AIR 1958 SC 956, Gateppa v. Eramma, AIR F
(1927) Mad 228, Hirachand Gangji v. Rowji Sojpa/, AIR (1939) Born 377,
Aldo Maria Patroni v. E.C. Kesavan, AIR (1965) Ker 75, Commissioner of
Wealth Tax, West Bengal v. Smt. Champa Kumari Singhi, AIR (1968) Cal 74,
Arya Sama} Education Trust, Delhi v. The Director of Education, Delhi
Administration, Delhi; AIR (1976) Del 207, D.A. V College, Jul/undur 'I. Swte G
of Punjab, AIR (1971) SC 1737, A.M. Jain College v. Government of Tamil
Nadu, (1993) 1 MLJ 140 and St. Stephen's College v. University of Delhi,
(1992) l sec 558, referred to.

Dr. S. Radhakrishnan: "Indian Philosophy" Vol. I, Jawahar Lal Nehru:
' "Discovery of India", Dr. Jyoti Prasad Jain: "Jainism - The Oldest Living H
Religion", G. T. Bettany: "The Encyclopaedia of World Religions",
816 SUPREME COURT REPORTS (2006] SUPP. 4 S.C.R.

A Encyclopedia Britannica, Dr. S. Radhakrihnan: "The Cultural Heritage of
India, 6th Vol. and Dr. Raj Bali Pandey; "Hindu Dharam Kosh", referred to.

3. Minority communities do not have any higher rights than the
majority, They have merely been conferred additional protection.1838-DI

B P.A. lnamdar v. State of Maharashtra, 1200516 SCC 537, followed.

Bal Patil v. Union of lndia, 120051 6 SCC 690, referred to.

4. In the instant case, the State at one point of time accepted the school
in question as having been established and administered by the Jain community
C which is a minority community in the State. It was recognized as such by
reason of a Div~ion Bench Judgment of the High Court. There was, thus, no
reason for the authorities of the respondents to take steps in relation to the
self-same institution in a different manner. !839-G, H; 840-A I

5. Indisputably, under the Uttar Pradesh Recognized Basic School
D (Recruitment and Conditions of Service of Teachers and Other Conditions)
Rules, 1975 governing the field, prior approval of the District Basic Education
Officer was not necessary before terminating the services of a teacher. As
the appellant's institution was recognized as a minority institution, the High
Court was not correct in interfer-ing in the manner it did. 1840-BI
E CIVIL APPELLATE JURISDICTION : Civil Appeal No. 9595 of2003.

From the Judgment and Order dated I 0.4.2003 of the High Court of
Judicature at Allahabad in C.M.W.P. No. 15255 of2003.

R.B. Mehrotra and Rajesh for the Appeliant.
F
Shobha Dikshit, Subodh Markandeya, Mohd. Tahir Siddiqui, F.K. Jha,
lndu Misra, Chitra Markandeya, Vibha Arora and Bhishmendra Pratap Singh
Shakya for the Respondents.

The Judgment of the Court was delivered by
G
DAL VEER BHANDARI, J. This appeal is directed against the judgment
and order dated I 0.4.2003 passed by the High Court of Judicature at Allahabad
in Civil Writ Petition No. 15255 of2003.

Respondent no. 3 Smt. Santosh Upadhyay was working as an Assistant
H Teacher in the Kanya Junior High School Bal Vidya Mandir, Etah. A letter
COMMITTEE OF MANAGEMENT"· SACHIV. U.P. BASIC SHIKSHA PARISHAD [DAL VEER BHANDARI. JJ8 J7
dated 8.9.2001 in the form of a show-cause-notice was sent to respondent no. A
3 by the Principal of the school directing her to stop her acts of indiscipline.
The letter dated 8.9.2001 reads as under:

"(Minority Institution)
G. Jr. High School Bal Vidya Mandir, Etah B
(Permanently Recognized from Government for the Class from
Nursery to VIIIth)
From:

Principal

To:
c
Smt. Santosh Upadhyay, Asstt. Teacher, G. Jr. H. School, Bal Vidya
Mandir, Etah

Dated: 8.9.2001
D
Subject: Regarding indiscipline etc.

Madam,

You are not complying with the following instructions despite
number of oral as well as written orders:- E
I. Refusal to sign on the Order Register and on other information
etc.
2 Laxity in teaching work.

3. Non performing the duties of your charge. F
4. Use of indecent language and shouting for giving reply.

5. Using caste related words to spoil the atmosphere.

6. Instigating other teachers and provoking them to neglect their
duties. G
7. Non-cooperation in the development of school and increasing
the number of students.

8. Threats to me· (Principal) for dire consequences, in my office and
also giving threats on my residential telephone through other
H
818 SUPREME COURT REPORTS [2006] SUPP. 4 S.C.R.

A unsocial elements.

I hereby give you this last warning to improve your attitude and
work as a model teacher. Please note that earlier also your services
had been terminated because of such type of your attitude and you
had been reinstated in the service after your apologizing and you had
B assured that you will never repeat such mistakes and indiscipline in
future.

Therefore, being the Principal of School, I advise you to stop
these acts of indiscipline and work as a model teacher.
Yours faithfully,
c Sd/-
(Smt. Kusum Sharma)
Principal
G. Jr. High School, Bal Vidya Mandir, Etah
Copy forwarded to following for information and necessary action:-
D
I. Manager. G. Jr. H. School, Bal Vidya Mandir, Etah
2. District Basic Education Officer, Etah

Sd/-
(Smt. Kusum Sharma)
E Principal
G. Jr. High School, Bal Vidya Mandir, Etah"
The appellant did not receive any satisfactory reply from respondent
no. 3 and on 24.9.2001 a suspension order was passed. The suspension order
dated 24.9.200 I reads as under:
F
"G. Jr. High School Bal Vidya Mandir, Etah (Permanently Recognized
from Government for the Class from Nursery to Vlllth)

From:

G Manager

To:
Smt. Santosh Upadhyaya, Asstt. Teacher, G. Jr. H. School, Bal
Vidya Mandir, Etah

H Dated: 24.9.2001
COMMITIEE OF MANAGEMENT'· SACHIV. U.P. BASIC SHIKSHA PARISHAD [DAL VEER BHANDARI, J.J8 J9
." ORDER A
Consequent upon not receiving the satisfactory reply for the
following charges, Smt. Santosh Upadhyaya, A.T., Girls Junior High
School, Bal Vidya Mandir, Etah is placed under suspension with
immediate effect. The charge-sheet will be issued after the detailed
enquiry, within two week's period. B
I. Refusal to sign on the Order Register and on other information
etc.
2. Laxity in teaching work.
3. Non-performing the duties of your charge. c
4. Use of indecent language and shouting for giving reply.
5. Using caste related words to spoil the atmosphere.
6. Instigating other teachers and provoking them to neglect their
duties. D
7. Non-cooperation in the development of school and increasing
the number of students.
8. Threats to the Principal for dire consequences and also giving
threats on her residential telephone through other unsocial
elements. E
During the period of suspension, you will be entitled to get
Subsistence Allowance according to the Rule 53 of Financial Hand
Book Part 2 (Part 2 to 4). During the period of suspension, you will
remain attached with S.K.S. Girls Junior High School, Etah.
F
Sd/-
(Dev Rishi Jain)
G. Jr. High School, Bal Vidya Mandir, Etah
Endst. No. 1-5/2001-2002 Dated: 24.9.2001
G
Copy forwarded to following for information and necessary action:-
•at
I. Smt. Santosh Upadhyaya, A.T., G. Jr. High School, Bal Vidya
Mandir, Etah.

'... 2. District Basic Education Officer, Etah for information.
H
820 SUPREME COURT REPORTS (2006] SUPP. 4 S.C.R.
,.
A 3. Account Officer, Finance & Accounts Basic Education, Etah
4. Smt. Kusum Sharma, Principal, Bat Vidya Mandir, Etah.
5. Guard File.

Sci/-
B (Dev Rishi Jain)
G. Jr. H. School, Bal Vidya Mandir, Etah.
24.9.2001"
On 17.10.200 I, the Manager, G.J. High School, Bal Vidya Mandir, Etah
received a letter from the District Basic Education Officer, Etah indicating that
C for a minority institution there is no requirement of prior approval for imposing
penalty on Assistant Teachers from the District Basic Education Officer. The
letter dated 17.10.2001 reads as under:

"Office of the District Basic Education Officer, Etah

D No. 3381-82 Dated: 17. I0.200 I
~
>
The Manager, G. J. High School,
Bal Viclya Mandir, Etah.
As per Govt. Order No. 1091/15.6.95 dated 14th July, 1995 in the
matters of penalty to the Assistant Teachers and Principals of
E Recognized Junior High School, there is no requirement of prior
approval from the District Basic Education Officer, therefore, in view
of these provisions, the order No. B.S. /Sus./3196/2001-2002 dated
10.10.2001 issued by the undersigned regarding re-instatement ofSmt.
Santosh Upadhyaya, Assistant Teacher (Under Suspension) is hereby
F cancelled, and it is decided that no interference will be made in the
enquiry proceedings till the final disposal by Manager. This School
has been recognized as Minority Institution and as per departmental
rules, I have no right to interfere in its matters and as per Govt. orders,
the decision taken by the Manager shall be acceptable to all.

G Sd/-
(Tilak Singh Rajput)
District Basic Education Officer, Etah.

Endst. No. 12001-2002 even date
H -,
COMMITTEE OF MANAGEMENT'· SACHIV, U.P. BASIC SHIKSHA PARISHAD (DALVEERBHANDARI, J.]821

I. Copy to Smt. Santosh Upadhyaya, Assistant Teacher (Under A
Suspension), G. J. High School, Bal Vidya Mandir, Etah for
information.
Sd/-
(Tilak Singh Rajput)
District Basic Education Officer, Etah." B
The appellant institution, namely Kanya Junior High School Bal Vidya
Mandir, was established and administered by the Jain community which has
been recognized as a minority community. In this School education is imparted
up from Nursery to standard VIII. An enquiry was conducted and after
receiving the enquiry report from the Enquiry Officer, meeting of the Managing C
Committee was called on 9.11.2001 which was attended by all the members of
the Managing Committee. The enquiry report and reply to the show cause
notice were considered. The charges levelled against respondent no. 3 were
unanimously proved. In the interest of the institution and its good reputation,
respondent no. 3 was removed from the service of the school. The order of
termination dated I0.11.200 I reads as under: D
"From: Manager,
G. J. High School,
Bal Vidya Mandir, Etah.

To: Smt. Santosh Upadhyaya, E
Assistant Teacher (Under Suspension)
G. J. High School, Bal Vidya Mandir, Etah.

No. 18-20/2001-2002 Dated: I 0.11.200 I
F
Subject: Order of Termination from service.

Madam,

After the submission of the Enquiry Report by the Enquiry Officer
regarding suspension of Smt. Santosh Upadhyaya, meeting of G
Managing Committee was called on 9.11.2001 and formal resolution
was passed as per rules and all the members of Managing Committee
and Principal attended this meeting. The Enquiry Report and
explanation (Show Cause Notice) were considered carefully and
thereafter it has been decided unanimously that the charges levelled H
822 SUPREME COURT REPORTS [2006) SUPP. 4 S.C.R.

against Smt. Santosh Upadhayaya, on the basis of statements and
,, .
A
evidence, have been found fully proved. These cannot be considered
as wrong in any manner. It would be in the interest of school and its
reputation that Smt. Upadhyaya be removed from the services of this
School. Therefore, notice of termination from service may be sent to
her and competent officer may also be informed on this subject.
B
I. After receiving the report of District Basic Education Officer
regarding your in-disciplinary activities in the School, your one
annual increment had been stopped. This annual increment had
been stopped w.e.f. 1st January, 2001 and the above said Basic
Education Officer had been transferred from this District in June,
c 200 I. During this period of 6 months, you never made any
~pplication regarding stopping of this annual increment, reasons
of which are best known to you. It shows that you were very well
aware that the annual increment has been stopped on your non-
complying with the department rules and you had no sufficient
D evidence against these charges, therefore, above said charges
are found proved against you.
2. A charge sheet had been issued to you by the undersigned, vide
letter No. 7-3-2001/2002 dt. 1.10.2001 regarding your working style
against the interests of school, but you did not submit any
E evidence with your reply to the said charge sheet. It is thus clear
that you have admitted the charge Nos. 6, 7, 8, 9 because you
have not submitted any evidence regarding these charges.
3. The Enquiry Officer, vide his letter dated 10.10.2001 had issued
to you the evidence related to the charge, but instead of producing
any evidence or document in this regard, you only made
F
allegations against the Principal, other teachers and the
management. In the show cause notice vide letter dated 26.9.2001,
you had been charged with the charge of character assassination
of undersigned Manager, for which you have neither submitted
any evidence nor your explanation.
G
As far as the question of your orders of reinstatement issued by
the District Basic Education Officer vide his letter dated I0.10.200 I is ..
concerned, the same has been considered ex-parte and beyond his
jurisdiction, therefore, the same have been cancelled vide his letter
No. 3381-82 dated 17.10.2001.
H
COMMITTEE OF MANAGEMENT'- SACHIV, U.P. BASIC SHIKSHA PARISHAD [DAL VEER BHANDARI,!.] 823
In his second decision, it has been admitted by the District Basic A
Education Officer that this School is of 'Minority Community' and he
should have not interfered in its matter. As far as your statement, that
it is not a Minority Community's school, is concerned, it is not within
your competency, you have worked as a Teacher and it is not within
your competency to challenge the rules, regulations and government
orders related to this School. It is a matter of gross indiscipline on B
your part. The allegations made by you regarding fees etc. are baseless
and beyond the facts. It has been found fully proved that you have
misappropriated the funds of students fee and used the same for
personal interests.

In this manner, you have failed to submit any evidence and C
documents with regard to charges levelled against you in the show
cause notice on the basis of that your matter should have been
reviewed.

In the absence of same, the reply to show cause notice received D
from you within the stipulated time, is not satisfactory and in these
circumstances, there is no justification to keep you in service of this
School. Consequent upon your failing to submit an appropriate
evidence and document before the undersigned, despite the sufficient
opportunities to explain, your services are terminated with immediate
effect. E
Yours faithfully,
Sd/-
(Dev Rishi Jain)
Manager
G. Jr. High School, Bal Vidya Mandir, Etah. F
Copy to: - For information -

I. District Basic Education Officer, Etah
2. Finance and Accounts Officer - Basic Education, Etah
Sci/- G
(Dev Rishi Jain)
Manager
G. Jr. High School, Bal Vidya Mandir, Etah."

Respondent no. 3 challenged the order of termination dated 10.11.2001
before the High Court of Judicature at Allahabad by filing a writ petition, H
824 SUPREME COURT REPORTS [2006) SUPP. 4 S.C.R.

A which was decided by the learned Single Judge on 7.12.2001.
A preliminary objection was raised on behalf of the appellant that in
view of the provisions of Rule 16 of the Uttar Pradesh Recognized Basic
Schools (Junior High Schools) (Recruitment and Conditions of Services of .
Teacher) Rules, 1978, the provisions of Rule 16 are applicable to the teachers
B and Headmaster of the institution run by Basic Shiksha Parishad and according
to 1978 Rules order of termination, dismissal or removal is an appealable order.

The learned Single Judge accepted the preliminary objection regarding
availability of alternate remedy and declined to interfere with the termination
order dated I0.11.200 I and dismissed the Writ Petition.
c
Respondent no. 3, aggrieved by the order of the learned Single Judge,
preferred a Special Appeal before a Division Bench of the High Court of
Judicature at Allahabad. It was incorporated in the said order of the Division
Bench that respondent no. 3 's services were terminated after holding an
D enquiry by the Managing Committee by an order dated 10.11.200 I. The
grie"lance of respondent no. 3 was that the order passed by the Managing
Committee was without taking approval from the District Basic Education
Officer, therefore, the order of termination dated 10.11.200 I is a nullity and that
the learned Single Judge had committed a serious error in dismissing the writ
petition.
E
The learned counsel appearing for the appellant institution specifically
submitted before the Single Judge that the appellant is a minority institution
being run by the Jain Community and has been recognized as such. Therefore,
there was no requirement for obtaining prior approval of the District Basic
Education Officer before terminating the services of respondent no. 3. The •
F counsel appearing for the appellant had drawn the attention of the learned
Single Judge about the order which was passed way back as on 25.8.1976 by
the concerned authorities that the appellant institution was a minority
institution. The order dated 25.8.1976 reads as follows:

"Office of the District Inspector of School, Etah
G
Order No. B.S.P./11264176-77 Dt. 25.8.1976

ORDER

On the basis of recommendations dated 27.7.1976, District Basic
H Education Officer Girls Junior High School, Bal Vidya Mandir, Etah
COMMITTEE OF MANAGEMENT''· SACHIV, U.P. BASIC SHIKSHA PARISHAD [DAL VEER BHANDARI. J] 825
is declared a Minority Institution under Regulation I I for the A
Recognized Basic School (Recruitment and Conditions of Service of
Teacher's and other Conditions) Rule, 1975, notified on 20.5.1975
because this Institution is being established and managed by minority
category mentioned under Article 30( I) of the Constitution.
Sci/- B
(Ram Prakash Singh)
District Inspector of School, Etah
No. B.E.P.//11264/76-77 even date

Copy forwarded to following for information & necessary action
please:- C
I. District Basic Education Officer, Etah With reference to his office
letter No. CA-4404/12/B.R.D. Minority/76-77 dated. 27.7.76.
2. Manager Girls Junior High School, Bal Vidya Mandir, Etah.
3. Dy. Director of Education, Region-II, Agra. D
4. Regional Inspector of Girls School Region-II, Agra.
5. Director of Education, U.P. Peerpur House, Tilak Marg, Lucknow.
Sd/-

(Ram Prakash Singh) E
District Inspector of School,
Etah"
Rule 11 of the Uttar Pradesh Recognized Basic School (Recruitment and
Conditions of Service of Teachers and Other Conditions) Rules, 1975 reads
as under: F
"11. Dismissal and Removal of Teachers.-No order dismissing,
removing or terminating the services of a teacher or other employee
of a recognized school shall be passed save with the prior approval
in writing of the Basic Shiksha Adhikari:
G
Provided that in case of recognized schools estahlished and
administered by minority referred to in clause (I) of Article 30 of the
Constitution, such an order shall not require the approval of the Basic
Shiksha Adhikari but shall be reported to him."
H
826 SUPREME COURT REPORTS (2006] SUPP. 4 S.C.R.

A It may be pertinent to mention that a letter dated 7.3 .2003 sent by the
District Inspector of School, Etah to the Basic Eduction Officer, Etah regarding
verification of the Girls Junior High School Bal Vidya Mandir, Etah Minority
Institution is as under:

"From,
B
District Inspector of School, Etah.

To,

To Basic Education Officer, Etah.
c Letter No. /2002-03 Dated 7.3.2003

Sub: In regard to verification of Girls Junior High School Bal Vidya
Mandir, Etah Minority Institution.

Sir,
D
In the ab11ve matter kindly peruse your office letter B.S. 7493/2002-
03 dated 24.2.2003.

In the regard by this office 2.9.2002, the position is made clear,
where as the then District Inspector of School, Etah in accordance
E with the then Rules was competent authority to declare the
aforementioned School as Minority Institution or not? It is informed
in this regard, as per para 3 under heading "Minority Institution" of
Madhyan I0, photo copy of the same is enclosed the then District
Inspector of School was Competent Authority to decide the Minority
Institution.
F
Please be aware accordingly and take necessary action.
Sd/-
7.32003
(K. N. Kanaujiya)
G District Inspector of School, Etah.
Enclosed: As above."

According to the appellant institution, it is clearly mentioned that the
District Basic Education Officer was competent to decide regarding minority
H status of the institution. The Division Bench of the Allahabad High Court in
COMMITI"EEOF MANAGEMENT''· SACHIV, UP BASIC SHIKSHA PARISHAD [DALvEER BHANDARI, l] 827

Special Appeal 1207/2001, after hearing the parties, observed as under: A
;
"The institution has been accorded the status of a minority
institution thus no prior approval of the District Basic Education
Officer for tenninating the services of a teacher in a minority institution
is required to be taken in view of the proviso to Rule 15 of the 1978
Rules." B
The appeal filed by respondent no. 3 was dismissed by an order dated
13.112002.

In subsequent proceedings in Writ Petition No. 1525 of 2003, the learned
Single Judge of the Allahabad High Court on 10.4.03, while altogether ignoring C
the said judgment of the Division Bench of the same Court in the Special
Appeal No. 1207 of 2001, (by which he was bound), had observed in the
judgment that ir. a Special Appeal the· Court had not considered the question
regarding the minority status of the institution. This observation of the
learned Single Judge is wholly untenable.
D
The approach adopted by the learned Single Judge in this case is
against the settled principle of law. Law is consistent and clear that the Single
Judge of the High Court is bound by the decision of the Division Bench.

In support of the view taken by the Division Bench adequate material
exists. We deem it proper to recapitulate references to the decided cases and E
other relevant material.

The Government of Madhya Pradesh, by a notification dated 29.5 .200 I,
declared the Jain community in the State of Madhya Pradesh as a minority
community.
F
The Founding Fathers of the Constitution had unequivocally recognized·
the Jains as a minority community as is evident from the proceedings of the
Constituent Assembly. While keeping in view that the Jains are a minority
community, a representative of the Jain community was taken in the Minority
Advisory Committee of the Constituent Assembly. G

On 3rd September, 1949, while addressing a public meeting at Allahabad,
the first Prime Minister of India, Shri Jawahar Lal Nehru said. We quote a few
lines from the said speech -

L. "No doubt India has a vast majority of Hindus, but they could not H
I
!~
828 SUPREME COURT REPORTS [2006] SUPP. 4 S.C.R.

A forget the fact that there were also minorities-Muslims, Parsis,
Christians, Sikhs and Jains. If India was understood as a Hindu
Rashtra, it meant that the minorities were not cent percent citizens of
this country."

The said speech was reported in the English daily newspaper "The Statesman'
B dated 5.9.1949.

On 3 lst January, 1950, the PPS to the then Prime Minister of India sent
a letter to the Jain Deputation on behalf of the then Prime Minister, which
reads as under:

c "With reference to the deputation of certain representatives of the
Jains, who met the Prime Minister on the 25th January, 1950, I am
desired to say that there is no cause whatever for the Jains to have
any apprehensions regarding the future of their religion and community.
Your deputation drew attention to Article 25, explanation II of the
Constitution. This explanation only lays down a rule of construction
D for the limited purpose of the provision in the article and as you will
notice, it mentions not only of Jains but also Buddhists and the Sikhs.
It is clear therefore, there is no reason for thinking that Jains are
considered as Hindus. It is true that Jains in some ways closely linked
to Hindus and have many customs in common, but there can be no
E doubt that they are a distinct religious community and constitution
does not in any way affect this well recognized position.

Yours faithfully,
Sd.
A. V.Pai
F Principal Private Secretary to the Prime Minister"
Dr. S. Radhakrishnan, the fonner President of India, in his celebrated
book '"Indian Philosophy Vol I" mentioned as under:

"The Bhagawat Purana endorses the view that Rishbhadeva was
G the founder of Jainism. There is evidence to show that so far back as
the first century B.C. there were people who were worshipping
Rishabhadeva, the first Tirthankara. There is no doubt that Jainism
prevailed even before Vardhamana Mahaveera or Parsvanatha. The
Yajurveda mentions the names of three Tirthankaras-Rishab, Ajitnath
& Aristanemi."
H
COMMITIEE OF MANAGEMENT"· SACHIV. U.P. BASIC SHIKSHA PARISHAD [DAL VEER BHANDARI, J J 829

A well known German Oriental scholar, Dr. Hermann Jacob mentioned A
before the 3rd International Congress for the History of Religions as under:

"In conclusion let me assert my conviction that Jainism is an
original system, quite distinct and independent from all others and
that therefore it is of great importance for the study of philosophical
thought and religious life in ancient India." (This was mentioned in B
Vol. 2, p. 66 Oxford.)

Pt. Jawahar Lal Nehru, in his celebrated book "Discovery of India",
mentioned as under:

"Buddhism and Jainism were certainly not Hinduism or even the C
Vedic Dharma. Yet they arose in India and were integral parts of Indian
life, culture and philosophy. A Buddhist or Jain, in India, is a hundred
per cent product of Indian thought and culture, yet neither is a Hindu
by faith. It is, therefore, entirely misleading to refer to Indian culture
as Hindu culture."
D
As Dr. Jyoti Prasad Jain, an eminent Jain scholar mentioned in his
treatise "Jainism-The Oldest Living Religion":

"In fact, there is whatsoever no tangible evidence to show that
Jainism branched off from the Vedic religion or from any of its later
development, at such and such time, nor there is any marked similarity E
between the fundamental doctrines and essential features of the two
systems, which might favour that possibility. Jainism with its perfectly
non-violent-creed, animistic belief, subtle and peculiar karma theory,
its rejection of a creator and the creation theory, and the like, is not
only quite an original system but is also absolutely independent of F
all other systems. In its origin, it is not only non-Aryan and pre-
Aryan, in the sense that these terms are now generally understood,
but it is also primitive and absolutely indigenous."

A well known book on Jainism written by Madam M. R. Guseva,
[Candidate of Historical Sciences at the Institute of Ethnography of the G
Academy of Sciences, USSR and Jawaharlal Nehru Prize Winner (1973)],
revealed the historical and ethnographic roots of Jainism, tracing the
development of the Jain community since ancient times evaluating the Jain
contribution to Indian literature and art. In particular the book makes a point
that Jainism has such substantially distinguishing features that they do not
H
830 SUPREME COURT REPORTS [20G6J SUPP. 4 S.C.R.

A afford any possibility of regarding Jainism as an offshoot of Brahmanism.
One of the hotly debated issues in the United Nations was the question
of defining what constitutes a 'minority'? Besides considering many proposed
definitions, the UN had two authoritative definitions before it. The PCIJ (in
an advisory opinion of July 31, 1930) had defined a community in the Graeco-
B Bulgarian Communities case as:

"By tradition, the ·community' is a group of persons living in a given
country of locality, having a race, religion, language and traditions of
their own and united by this identity of race, religion, language and
traditions, in a settlement of solidarity, with a view to preserving their
c traditions, maintaining their form of worship, ensuring the instruction
and upbringing of their children in accordance with the spirit and
traditions of their race and rendering mutual assistance to each other."

The Government of Karnataka by a circular dated 12.6.1996 considered
D Jains belonging to backward clas~es. The circular reads as under:
"'GOVERNMENT OF KARNATAKA No. SWD 84 BCA 96
Karnataka Government Secretariat-2
Multistoreyed Building Ban3alore, dated 12-06-1996
CIRCULAR
E Sub:- Regarding the issue of certificate of Backward classes to the
candidates belonging to Jain Digambaras.
In the list of Backward Class Communities published in Government
Order No. SWD 150 BCA 94 dated 17-9-94, the Jain (Digambara)
Community has been included in category Ill (b ). After considering
F the representations received from the various Associations of Jain
Community and also the clarifications sought for by some of the Dy.
Commissioners and Tahsildars in this regards, it is directed that the
candidates belonging to Jain (Digambara) Community become eligible
for reservation under Category Ill (b) only after production of reliable
G documents by them. The concerned candidate should prove, either
through documentary evidence or through witness that he, his father
or their ancestors belong to Jain (Digambara) Community. In cases
where the Jain (Digambara) has not been clearly mentioned in the
documents, t:1e officer authorized to issue such certificates or the

H
inquiring officer should hold local enquiry and only if he is satisfied

--
COMMIITEE OF MANAGEMENT'- SACHIV, U.P. BASIC SHIKSHA PARISHAD [DALVEER BHANDARI. J] 83 J
as to the correctness of th~ claims of the candidates during course A
of such enquiry, that he should issue certificates. He should, however,
draw up a clear and detailed proceedings of his enquiry before issue
of the Certificate. Disciplinary action will be taken against the Officers
who issue Caste certificates/Inquiry Certificates in violation of rules
of reservations.
B
Sdl-
(B. S. Rukmini)
Under Secretary to Govt.
S;icial Welfare Department"
Jn Re: Kera/a Education Bill, 1957 reported in AIR 1958 SC 956, the C
Apex Court accepted the literal meaning of word "minority" to mean numerically
less than 50%.

The Encyclopaedia of World Religions by G. T. Bettany mentioned the
Jain religion as independent of the other religions. According to the said
Encyclopedia, Jainism is co-equal with, if not slightly older than, Buddhism, D
and took its rise in the same development of Brahman asceticism and reaction
from Brahmanical tyranny.

Encyclopaedia Britannica defines the Jain religion in the following
words:
E
"Jainism" a religion and philosophy in India, founded in about
the 6th century BC by Vardhmana Mahavira - the 24th of the Jinas
(Conquerors), or great religious figures on whose example the religion
is centered in protest against the orthodox Vedic (early Hindu ritualistic
cult of the period. Jainism, which does not espouse beliefin a creator
god, has as its ethical core the doctrine of ahimsa, or non injury to F
all living creatures, and as its religious ideal the perfection of man's
nature, to be achieved predominantly through the monastic and ascetic
life."

Dr. Radhakrishnan, who edited the 6th Volume of The Cultural Heritage
of India, mentioned as under: G
"The Jains claim a great antiquity for their religion. Their earliest
prophet was Rishabhdeva. Who is mentioned even in the Vishnu and
Bhagawat Puranas as belonging to a very remote past. In the earliest
Brahmanic literature are found traces of the existence of a religious H
832 SUPREME COURT REPORTS [2006) SUPP. 4 S.C.R.

A Order, which ranged itself strongly against the authority of the Vedas
and the institution of animal sacrifice. According to the Jain tradition,
at the time of the Mahabharata war, this Order was led by Neminatha,
who is said to have belonged to the same Yadava family as Krisna and
who is recognized as the twenty-second Tirthankara. The Order
gathered particular strength during the eighth century B.C. under
B Parsvanatha the twenty-third Tirthankaran, who was born at Varanasi.
This order we may call the sramana sangha (as distinct from the Vedic
Order), which later became divided into the Jain and the Buddhist
Orders under Mahaveera and the Buddha, respectively."

C According to Dr. Raj Bali Pandey's book "Hindu Dharam Kosh" Jainism
is described as a distinct religious order existing in Indian polity since times
of great antiquity and was opposed to ritualistic cult of Vedic philosophy.
According to him, Jainism is existing in India since at least 700 B.C.

According to the learned Single Judge, minority status could be granted
D only by the U. P. Basic Shiksha Parishad and since it was not granted to the
appellant institution by the said Parishad, the appellant institution could not
tenninate the services of respondent no. 3 without prior permission from the
District Basic Education Officer. The appellant aggrieved by this order preferred
this appeal before this Court.

E This Court, on 11.7.2003, while issuing notice directed that the status
quo as on that date shall be maintained until further order. On 5.12.2003 this
Court, while granting leave, directed the parties to continue to maintain the
status quo.

In this appeal the appellant raised a substantial question of law. The
F appellant raised the plea that in view of the judgment of the Division Bench
whether it was open to the learned Single Judge of the High Court to take
a contrary view by its judgment dated 10.4.2003. The Division Bench observed
as under:

"Having heard the learned counsel for the parties we find that it is not
G in dispute that the appellant writ petitioner was working as a teacher
in recognized loasic school. The institution has been accorded the
status of minority institution thus no prior approval of the District
Basic Education Officer for tenninating the services of the teacher in
a minority institution is required to be taken in view of the provision
H Rule 15 of the 1978 Rule."
COMMITIEEOF MANAGEMENT"· SACHIV, U.P. BASIC SHIKSHAPARISHAD [DALVEER BHANDARI, J.J 833
• In view of the said clear findings of the Division Bench of the same High A
Court, the learned Single Judge of the same High Court could not take a
contrary view. The learned Single Judge was bound by the judgment of the
Division Bench of the said High Court.

It is not in dispute that the institution established and administered by
the Jain Community which is recognized as minority by the State Government B
from the date of its establishment continuously for 25 years, whether the said
benefit could be nullified by the learned Single Judge who had ignored the
specific finding of the Division Bench. The appellant also raised a question
that respondent no. 3, who herself was working as a teacher after obtaining
the benefit of the minority institution, could be permitted to take a plea that C
it is not a minority institution and such an act of respondent no. 3 would be
against the principles of Estoppel and Acquiescence. It is also mentioned in
the appeal that respondent no. 3 was appointed as a teacher in the appellant
institution in 1982 on the basis that the institution was a minority institution
and that her appointment was not approved by the District Basic Education
Officer since it was not required for the minority institution. The appellant D
also submitted that respondent no. 3 could not be permitted to contend that
approval of the Basic Education Officer is required for her services to be
( terminated. The appellant also incorporated that whether the appellant
institution and other institutions duly recognized as minority institutions by
the same authority namely the District Inspector of School, Etah by letter E
dated 25.8.1976 and debarring the status of the appellant institution as not
minority institution on the ground that the District Inspector of School is not
a competent authority to grant recognition whereas to allow to other institutions
to continue as minority institutions recognized by the same authority would
not be discriminatory under Article 14 of the Constitution. It is also mentioned
in the appeal that the learned Single Judge committed a serious error of law F
in relying on the Circular dated 20.4.1971 which could not be made applicable
to the schools governed by the provisions of the U.P. Basic Education Act
1972.

The appellant submitted that on the relevant date a Recognition
Committee was constituted for the convenience of the local people for G
recognition of Junior High Schools, of which the Director of Inspector of
School (for short D.1.0.S.) was appointed as Chairman. The appellant institution
applied for recognition as minority institution with the Basic Education Officer.
Since it also related to the recognition of institution, the Basic Education
Officer forwarded the application to D.1.0.S. The D.1.0.S. recognized the H
834 SUPREME COURT REPORTS [20061 SUPP. 4 S.C.R.

A institution as minority institution. Now, that status cannot be taken away by
the learned Single Judge of the High Court, who chose to ignore the findings
of the Division Bench of the same High Court.

In reply to the appeal, a separate counter affidavit was filed on behalf
of respondent no~. I and 2 by one Dr. R. K. Dubey, Zilla Basic Siksha
B Adhikari, Etah, in which a preliminary objection has been taken that this
appeal is not maintainable because under Chapter VIII Rule 5 read with
Chapter IX Rule IO of the Allahabad High Court Rules, the writ petitioner had
' to exhaust the remedy of a Special Appeal before the Division Bench and
without exhausting the retnedy of Special Appeal, this appeal before this
C Court cannot be entertained. It was also submitted in the counter affidavit
that a management claiming to be a minority institution, had to apply for the
grant of such status. Respondent nos. I & 2 had denied that any application
had been filed to treat the appellant as a minority institution. In the counter
affidavit it is mentioned that the U.P. Basic Education Act, 1972 and the Rules
made •hereunder specifically provided for making an application for according
D the status of minority institution. It is only after the competent authority is
satisfied that an institution fulfils the tests for according the status of minority
institution that an order in that behalf is passed. It is also mentioned in the
reply affidavit that the issue of minority institution had to be decided by the
U.P. Basic Shiksha Parishad and not by the Directorate of Inspector of Schools.
E It is also incorporated in the counter affidavit that the Directorate of Inspector
of Schools was not an authority constituted under the U.P. Basic Education
Act, 1972, but was an authority under the U.P. Intermediate Education Act
and was not competent to recognize a Junior High School or the Basic school
as a minority institution. Such status could be accorded by the Board of Basic
Education.
F
A separate counter affidavit has also been filed by respondent no. 3,
in which it is mentioned that originally the institution was registered on
7.3.1969 and the registration was renewed on 6.10.2001 and thereafter the
-
management of the school had been changed. Now the institution is run by
a Jain family. Respondent no. 3 also submitted that the minority status could
G only be granted by the U.P. Basic Shiksha Parishad. It was also submitted that
the observations made by the Division Bench cannot be said to be binding
on the Court.

The appellant, in the rejoinder affidavit to the counter affidavit of
H respondent nos. I and 2, has mentioned that the Jain community is a minority
COMMITIEE OF MANAGEMENT''· SACHIV. U.P. BASIC SHIKSHA PARISHAD fDALVEER BHANDARI. J.] 83 5
community for the purpose of Article 30(1) of the Constitution and the A
minority status was granted to the appellant as far back as on 25.8.1976 which
could not be withdrawn in a collateral proceeding in such a manner. It is
mentioned that Dr. S. N. Malhotra was the Director of Education, U.P. as well
as the Chairman, Basic Education Board, U.P. during the relevant year 1976.
He had issued a letter dated 30.5.1976 to the District Inspector of SC!hool/
Regional Inspector of Girls School for authorizing them to pass the order on B
the application of various institutions submitted for granting them the status
of minority institution.
·'
• We have heard the learned counsel for the parties at'length. This appeal
arose from the judgment of the learned Single Judge of the Allahabad High C
Court dated 10.4.2003 in C.M.W.P. No. 15255 of2003. A preliminary objection
was taken by respondent nos. I & 2 in the counter affidavit that under
Chapter Vlll Rule 5 read with Chapter IX Rule lO of the Allahabad High Court
Rules a special appeal lies against the order of the Single Judge before a
Division Bench. Chapter VIII Rule 5 and Chapter IX Rule IO of the Allahabad
High Court Rules read as under: D
"Chapter VII/ Rule 5. Special appeal.-An appeal shall lie to the
Court from a judgment (not being a judgment passed in the exercise
of appellate jurisdiction in respect of a decree or order made by a
Court subject to the Superintendence of the Court and not being an
order made in the exercise of revision al jurisdiction or in the exercise E
of its power of Superintendence or in the exercise of criminal jurisdiction
or in the exercise of jurisdiction conferred by Article 226 or Article 227
of the Constitutior. in respect of any judgment, order or award (a) of
a tribunal Court or statutory arbitrator made or purported to be made
in the exercise or purported exercise of jurisdiction under any Uttar F
Pradesh Act or under any Central Act, with respect to any of the
matters enumerated in the State List or the Concurrent List in the
Seventh Schedule to the Constitution, or (b) of the Government or any
Officer or authority, made or purported to be made in the exercise or
purported exercise of appellate or revisional jurisdiction under any
such Act of one judge." G
In this appeal it is not necessary for us to decide as to whether a special
appeal lay before the Division Bench of the High Court against the impugned
order of the Single Judge.

We deem it appropriate to refer to some of the decided cases. H
836 SUPREME COURT REPORTS (2006] SUPP. 4 S.C.R.

A ln The Commissioner Hindu Religious Endowments, Madras v. Sri
Lakshmindra Thirtha Swamiar of Sri Shirur Mutt reported in AIR (l 954) SC
282 this Court observed that there are well known religions in India like
Buddhism and Jainism which do not believe in God, in any Intelligent First
Cause. The Court recognized that Jainism and Buddhism are equally two
distinct religions professed in India in contrast with Vedic religion.
B
In well known Kera/a Education Bill's case, 1957 reported in AIR 1958
SC 956, this Court held that to claim the minority rights, the Community must
be numerically a minority by reference to the entire population of the State
or country where the law is applicable. In that way also, the Jain Community
C is eligible for the claim.

As per 1991 Census report, the population of the Jain community of
both sects was approximately 35 lakhs as against the total Indian population
of more than 90 crores.

D As early as 1927 Madras High Court in Gateppa v. Eramma and Ors.,
reported in AIR ( 1927) Madras 228 held that "Jainism as a distinct religion was
flourishing several centuries before Christ". Jainism rejects the authority of
the Vedas which fonn the bedrock of Hinduism and denies the efficacy of the
various ceremonies which Hindus consider essential.

E Again in 1939 in Hirachand Gangji v. Rowji Sojpa/, reported in AIR
(1939) Bombay 377, it was observed that "Jainism prevailed in this country
long before Brahmanism came into existence and held that field, and it is
wrong to think that the Jains were originally Hindus and were subsequently
converted into Jainism."

F A Division Bench of the Bombay High Court consisting of Chief Justice
Chagla and Justice Gajendragadkar in respect of Bombay Harijan Temple
Entry Act, 194 7 (C.A. 91 of 195 l) held that Jains have an independent religious
entity and are different from Hindus.

In Aldo Maria Patroni & Anr. v. E.C. Kesavan & Ors., reported in AIR
G (1965) Kerala 75, a Full Bench of the Kerala High Court opined that the word
'minority' has not been defined in the Constitution and in absence of any
special definition, it must be held that any community, religious or linguistic,
which is less than fifty per cent of the population of the State is entitled to
the fundamental right guaranteed by Article 30 of the Constitution.
H
COMMITTEE OF MANAGEMENT"· SACHIV, U.P. BASIC SHIKSHA PARISHAD [DALVEERBHANDARI, J.J 837
In Commissioner of Wealth Tax, West Bengal v. Smt. Champa Kumari A
Singhi & Ors., reported in AIR (1968) Calcutta 74, a Division Bench of the
Calcutta High Court observed that "fains rejected the authority of the Vedas
which forms the bedrock of Hinduism and denied the efficacy of various
ceremonies which the Hindus consider essential. It will require too much of
boldness to hold that the Jains, dissenters from Hinduism, are Hindus, even
though they disown the authority of the Vedas". B
In Arya Samaj Education Trust, Delhi & Ors. v. The Director of
Educqtion, Delhi Administration, Delhi & Ors,, reported in AIR (1976) Delhi
207, it was held as follows:

"Not only the Constitution but also the Hindu Code and the C
Census Reports have recognized Jains to belong to a separate religion."

In the said judgment, the Court referred to the observations of various
scholars in this behalf. The Court quoted Heinrich Zimmer in "Philosophies
of India" wherein he stated that "Jainism denies the authority of the Vedas D
and the orthodox traditions of Hinduism. Therefore, it is reckoned as a
heterodox Indian religion". The Court also quoted J. N. Farquhar in "Modern
Religious Movements in India" wherein he stated that "Jainism has been a
rival of Hinduism from the beginning". In the said judgment, in conclusion,
the Court held that "for the purpose of Article 30(1 ), the Jains are a minority
based on religion in the Union Territory of Delhi". E
In D.A. V. College, Jullundur v. State of Punjab, AIR (1971) SC 1737, the
Hindus in Punjab were held to be constituting religious minority community
within the State of Punjab because of the population ratio within the State.

In A.M Jain College v. Government of Tamil Nadu, (1993) 1 MLJ 140, F
the Court observed that it is also an admitted fact that the Jain community
in Madras, Tamil Nadu is a religious and linguistic minority.

In St. Stephen's College v. University of Delhi, [1992] l SCC 558, this
Court in para 54 at page 596 observed as under:
G
"The minorities whether based on religion or language have the right
to establish and administer educational institutions of their choice.
The administration of educational institutions of their choice under
Article 30(1) means 'management of the affairs of the institution'. This
management must be free from control so that the founder or their
H
838 SUPREME COURT REPORTS [2006] SUPP. 4 S.C.R.

A nominees can mould the institution as they think fit, and in accordance
with their ideas of how the interests of the community in general and
the institution in particular will be best served."

Jain religion indisputably is not a part of Hindu religion. The question
as to whether the Jains are part of the Hindu religion is open to debate. Jains
B have a right to establish and administer their own institution. But, only
because an institution is managed by a person belonging to a particular
religion, the same would not ipso facto make the institution run and administered
by a minority community. A minority is determinable by reference to the
demography of a State. Whether an institution is established and administered
..
C by a minority community or not may have to be determined by the appropriate
authority in terms of the provisions of the statute governing the field.
Furthermore, minority institutions are not immune from the operations of the
measures necessary to regulate their functions. To what extent such regulations
would operate, however, again is a matter which would be governed by the
statute.
D
Minority communities do not have any higher rights than the majority.
They have merely been conferred additional protection. This has been laid <
down by a Eleven Judge Bench of this Court. [See: P.A. lnamdar and Ors v.
State of Maharashtra and Ors, [2005) 6 SCC 537].

E The Court in the said judgment also dealt with the object of Article 30(1)
of the Constitution. The Court in para 97 of the judgment observed the
relevant para which reads as under:

"The object underlying Article 30(1) is to see the desire of minorities
being fulfilled that their children should be brought up properly and
F efficiently and acquire eligibility for higher university education and
go out in the world fully equipped with such intellectual attainments
as will make them fit for entering public services, educational
institutions imparting higher instructions including general secular
education. Thus, the twin objects rnught to be achieved by Article
30(1) in the interest of minorities are: (i) to enable such minority to
G conserve its religion and language, and (ii) to give a thorough, good,
general education to children belonging to such minority. So long as
the institution retains its minority character by achieving and
continuing to achieve the abovesaid two objectives, the institution
would remain a minority institution."
H
COMMITTEE OF MANAGEMENT"· SACHIV, U.P. BASIC SHIKSHA PARISHAD (DALVEER BHANDARI, J.J 839
It is interesting to note that the question as to whether the Jains should A
be treated to be a minority under Section 2 (c) of the National Commission
for Minorities Act, 1992 came up for consideration before a Three-Judge
Bench of this Court in Bal Patil & Anr. v. Union of India and Ors., [2005]
6 SCC 690 wherein this Court noticed that the framers of the Constitution
engrafted group of Articles 25 to 30 in the Constitution of India against the
background of partition of the country so as to allay the apprehensions and B
fears in the minds of Muslims and other religious communities by providing
to them a special guarantee and protection of their religious, cultural and
educational rights. It was held:

"27. The so-called minority communities like Sikhs and Jains were not C
treated as national minorities at the time of framing the Constitution.
Sikhs and Jains, in fact, have throughout been treated as part of the
wider Hindu community which has different sects, sub-sects, faiths,
modes of worship and religious philosophies. In various codified
customary laws like the Hindu Marriage Act, Hindu Succession Act,
Hindu Adoption and Maintenance Act and other laws of the pre- and D
post-Constitution periods, definition of "Hindu" included all sects
and sub-sects of Hindu religions including Sikhs and Jains."

Noticing certain concept of Hinduism vis-a-vis Jainism, it was opined:

"31. Thus, "Hinduism" can be called a general religion and common E
faith of India whereas "Jainism" is a special religion formed on the
basis of quintessence of Hindu religion. Jainism places greater emphasis
on non-violence ("Ahimsa") and compassion ("karuna"). Their only
difference from Hindus is that Jains do not believe in any creator like
God but worship only the perfect human being whom they called
Tirathankar. Lord Mahavir was one in the generation of Thirthankars. F
The Tirathankars are embodiments of perfect human beings who have
achieved human excellence at mental and physical levels. In a
philosophical sense, Jainism is a reformist movement amongst Hindus
like Brahamsamajis, Aryasamajis and Lingayats. The three main
principles of Jainism are Ahimsa, Anekantvad and Aparigrah. [See (I) G
Encyclopaedia of Religion and Ethics, Vol. 7 p.465; (2) History of
Jains by AX Roy pp. 5 to 23 and Vinoba Sahitya, Vol. 7 pp. 271 to
284.]"

In the instant case, the State at one point of time accepted the school
in question as having been established and administered by the Jain community H
840 SUPREME COURT REPORTS [2006) SUPP. 4 S.C.R.

A which is a minority community in the State of Uttar Pradesh. It was recognised ~ ·
as such by reason of a Division Bench judgment of the High Court of
Judicature at Allahabad. There was, thus, no reason for the authorities of the
Respondents to take steps in relation to the self-same institution in a different
manner.

B Indisputably, under the statute governing the field, prior approval of the
District Basic Education Officer was not necessary before terminating the
services of a teacher. As the appellant's institution was recognised as a
minority institution, in our opinion, the High Court was not correct in interfering
in the manner it did.
c Consequently, the impugned judgment of the Learned Single Judge is
set aside.

This appeal is accordingly allowed. In the facts and circumstances of
this case we direct the parties to bear their own costs.
D v.s.s. Appeal allowed.

•

..,..