In Brief
The Supreme Court clarified that Khalsa Girls High School, a Sikh institution in Calcutta teaching Punjabi-speaking children, is a linguistic minority institution entitled to protection under Article 30 of the Constitution. It held that no formal declaration by government is required—the institution's establishment by the minority community is itself proof of minority status. Rule 28 of the Management Rules, which requires teacher appointments through the School Service Commission, does not apply to minority institutions, as it would violate their fundamental right to administer and staff their institutions. The Court rejected arguments that accepting a special constitution constituted waiver of minority status and affirmed that fundamental rights cannot be waived. The appeals were allowed.
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