Industan is a constitutionally democratic country in the South Asian sub-continent.
Industan
is a country of people with the largest number of religions and languages living together and
forming a Nation. Such diversity of religions, culture and way of life is not to be found in any
part of the world.
Historically , at the time of giving final shape to the Constitution of Industan, the necessity to
mitigate the apprehensions and fears in the minds of Muslims and other religious
communities by providing to them special guarantee and protection of their religious, cultural
and educational rights was considered. Such protection was found necessary to maintain
unity and integrity of free Industan because even after partition of Industan, communities like
Muslims and Christians in greater numbers living in different parts of Industan opted to
continue to live in Industan as children of its soil. It is with the above aim in view that the
framers of the Constitution engrafted group of Articles 25 to 30 in the Constitution of
Industan. The minorities initially recognized were based on religion and on national level.
Anisha , a bright medical student from a Koru minority community was excited to attend St.
Theresa College, a renowned unaided private minority educational institution in Dakshin
Pradesh , Industan. The medical college was founded by a group of individuals Dalmia group
of institutions , which was committed to provide quality education to students from
marginalized backgrounds.
On 12 January 1984 , Dakshin Pradesh Ordinance of 1984 was promulgated by the governor
of the state which mandated that all private unaided medical colleges in the state fill 50% of
their sets through government counseling. Anisha ‘s world was turned upside down when
news of the respective ordinance reached her. This made her family also worried about the
potential impact of this law in her future.
On the other hand , Dalmia group of institutions was also affected by this ordinance , being a
minority institution they had the autonomy to determine its own admission criteria . It was
established with the specific intention of providing educational opportunities to students from
minority communities , and the ordinance threatened to undermine this purpose.
Being affected by the ordinance , both Anisha’s family and Dalmia group of institution went
to Konkan foundation , a prominent NGO dedicated to protecting the interests of the
minorities. On behalf of Anisha and Dalmia group of institutions , Konkan foundation filed a
petition before the Supreme Court of Industan , challenging the constitutionality of the
Dakshin Pradesh Ordinance of 1984. During the pendency of the above petition , the Dakshin
Pradesh Educational Institutions (Prohibition of Capitation Fee) Act, 1984 , was enacted ,
interfering and imposing restrictions on the private institutions concerning their composition ,
teacher recruitment , admission procedures , fees structures and other related matters. The
fresh Petition was filed by the Konkan Foundation arguing that the act violated the rights of
the minority of educational institutions under Article 30 of the Constitution of Industan and
undermined their autonomy. The petition is accepted by the Supreme Court
Issues
I. Whether the present petition is maintainable?
II. Whether the government’s regulations pertaining to minority aided or unaided
institutions infringes upon the rights guaranteed under Article 30 of the
Constitution?
III. Whether the ordinance violated the Art. 19 (1)(g) of the Dalmia group of
institution?
“Laws of Industan is in pari materia to the laws of India”
