In Brief
Khalsa Girls High School, established in 1933 by the Sikh community in Calcutta to educate Sikh children and preserve their language and culture, is a linguistic minority institution protected under Article 30 of the Constitution. Two teachers appointed by the school were denied approval by the District Inspector, who required appointments through a School Service Commission under state rules. The Supreme Court held that minority institutions retain their Article 30 rights even when receiving state aid, and Rule 28's appointment procedure does not apply to them. No formal state declaration is needed; minority status is a pre-existing fact. The medium of instruction is irrelevant to determining founder intent. The Court allowed the appeal and directed that the teachers be regularized against vacancies that subsequently arose.
The lawyer headnote and full judgment text are available to registered users.