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Supreme Court of India 2019-09-25 allowed

Chandana Das (Malakar) vs State of West Bengal & Ors

Bench: 3 — R.F. Nariman

In Brief

Khalsa Girls High School, established by Sikhs in Calcutta to educate their community and preserve Punjabi language and culture, sought recognition as a linguistic minority institution. The State denied the teachers' appointments, requiring compliance with Rule 28, which mandates recruitment through the School Service Commission. The Supreme Court held that linguistic minorities have a fundamental right under Article 30 to establish and administer institutions with freedom to appoint qualified teachers. Minority status arises from factual establishment by a minority community, not from state declaration. Rule 28 does not apply to minority institutions. The Court allowed the appeals and upheld the teachers' appointments.

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Constitutional Law Minority Rights Educational Institutions Linguistic Minorities Teacher Appointment Article 30 Fundamental Rights Administrative Law

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