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PETITIONER: A.P. CHRISTIANS MEDICAL EDUCATIONAL SOCIETY ETC.

       Vs.

RESPONDENT: GOVERNMENT OF ANDHRA PRADESH & ANR.

DATE OF JUDGMENT24/04/1986

BENCH: REDDY, O. CHINNAPPA (J) BENCH: REDDY, O. CHINNAPPA (J) OZA, G.L. (J) SINGH, K.N. (J)

CITATION:  1986 AIR 1490            1986 SCR  (2) 749  1986 SCC  (2) 667        1986 SCALE  (1)895  CITATOR INFO :  D          1987 SC2305  (13)  R          1992 SC1926  (6)

ACT:      Constitution  of   India,  Art.   30(1)  -  Educational institutions  -   Right  of   minorities  to  establish  and administer -  Court’s right  to pierce  ’minority  veil’  to ascertain exact nature of the institution.

HEADNOTE:      The  appellant,  a  registered  society,  purported  to establish and  administer a  medical college  as a Christian minorities’ educational  institution in  Andhra Pradesh. The policy of the Government of India and the Medical Council of India was not to permit the opening of new medical colleges. It was,  however, open to private organisations to establish colleges of higher education which could seek affiliation to universities in  whose jurisdiction  they were located. Such colleges could offer courses leading to degrees only if they were affiliated to a university.      One of  the requirements  of affiliation  of a  medical college with  the Osmania  University was the existence of a full fledged  hospital with  at least  700 beds,  a  regular outpatient department,  well equipped  laboratories, lecture halls, demonstration  rooms, etc. and hostel for students or in the  alternative provision  of funds to the tune of about rupees twenty  five crores, permission letter from the State Government to  start the  medical college,  and a government order indicating  that the  bye-laws of  the management have been registered  as minority institution and accepted by the Government as such.      The  appellant   society  could  not  fulfil  a  single condition,  apart  from  appointing  someone  as  principal. Neither the  memorandum of  association nor  the articles of association made  reference to  any amount  of  corpus  with which the  society and the college proposed to be founded by it were  to be  financed initially. It did not own any land, and it  had no  support of  the  Church  either.  While  its application for 750 affiliation was  pending with  the  University  it  admitted

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students to  the first  year of  the  MBBS  course,  despite strong protests  voiced and  several warnings  issued by the University.      On May  23, 1985  the University  wrote to  the Society that it  was necessary to obtain the permission of the State Government and  the Medical  Council of  India in  order  to start a  medical college. The society was also informed that their action  in admitting  students in  the first year MBBS course was  highly irregular  and illegal and that it should cancel the  admissions so  made, and  that attendance at the institutions  not   affiliated  to   or  recognised  by  the University would  not qualify  a candidate  for admission to any examination conducted by the University.      On July  24, 1985  the State  Government  informed  the society that  permission to  start a private medical college could not be granted. The society thereupon filed a petition in the  High Court  seeking a  writ under  Art. 226  of  the Constitution  to   quash  the  refusal  and  to  direct  the Government to  grant permission  and the University to grant affiliation. The  petition was  dimissed in limine observing that there  were no  circumstances to justify compelling the Government to grant permission to the society to start a new medical college  in view  of the  restrictions placed  by an expert body  like the  Medical  Council  of  India  that  no further medical college should be started.      In the  appeal by  special leave, it was contended that even a single individual belonging to a minority could found a minority  institution and had the right so to do under the Constitution, and  neither the Government nor the University could deny  the society’s  right  to  establish  a  minority institution, though  they may  impose regulatory measures in the interests  of uniformity,  efficiency and  excellence of education.      In the  writ petition  filed by  some of  the  students admitted into the MBBS Course by the Society, it was pleaded that the  interests of  students should  not  be  sacrificed because of  the conduct or folly of the management, and that they  should  be  permitted  to  appear  at  the  university examination,   notwithstanding    the   circumstances   that permission and  affiliation had  not  been  granted  to  the institution. 751      Dismissing the appeal and the writ petition, the Court ^      HELD :  1.(i) The  Court has  the  undoubted  right  to pierce the  ’minority veil’  and discover  whether there  is lurking behind  it no  minority at  all and  in any case, no minority institution. [762 C-D]      1.(ii) What is important and what is imperative is that there must  exist some  real positive  index to  enable  the institution to  be identified  as an educational institution of the  minorities. The object of Art. 30(1) is not to allow bogies to be raised by pretenders but to give the minorities a sense  of security and a feeling of confidence, not merely by guaranteeing the right to profess, practise and propagate religion to  religious minorities  and the right to conserve their language, script and culture to linguistic minorities, but also  to enable all minorities, religious or linguistic, to establish  and  administer  educational  institutions  of their  choice.   These  institutions   must  be  educational institutions of  the minorities in truth and reality and not mere masked phantoms. [762 H; D-F]      In the  instant case,  the claim  of the  appellant  to start a  minority educational  institution was  no more than the merest  pretence. Apart  from the half a dozen words "as

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the Christian minorities educational institutions" occurring in  one   of  the  objects  recited  in  the  memorandum  of association, there was nothing whatever to justify the claim of the  society that the institutions proposed to be started by it were intended to be minority educational institutions. These words were added merely to found a claim on Art. 30(1) and for  no other purpose. They were a smoke screen. [763 A- C]      2.(i) Many,  many conditions had to be fulfilled before affiliation could  be granted  by the  University.  Yet  the society launched into the venture without fulfilling any one of them beyond appointing someone as Principal. No one could have imagined  that a medical college would function without a  teaching   hospital,  without  the  necessary  scientific equipment,  without   the  necessary   staff,  without   the necessary buildings  and without  the necessary  funds. Yet, that is what the society did or pretended to do. [761 E-G] 752      2.(ii) The  establishment of  a medical  college in the instant case  was in the nature of a financial adventure for the  society  with  a  view  to  make  money  from  gullible individuals anxious  to  obtain  admission  to  professional collegiate courses.  It was  nothing but  a daring imposture and skulduggery.  The Court  cannot, therefore, confer on it the status and dignity of a minority institution. [761 G-H]      3. The  admission of  students into the first year MBBS course was  in defiance  of the  conditions laid down by the University. It  was audacious since the society had no right to admit  any student without first getting affiliation from the University  for the  so-called medical  college.  By  so doing, the  Society had  perpetrated a huge hoax on innocent boys and girls. [758 E-G]      4. The  Court cannot  by its fiat direct the University to permit  the students  to appear  in the  examination  and thereby disobey the statute, to which it owes its existence, and the  regulations made  by the  University  itself.  That would be destructive of the rule of law. The students sought and obtained  admission in  the college despite the warnings issued by  the University  from time  to time.  That is  the situation which  they have  brought upon themselves and they are themselves to blame. The University acted watchfully and wakefully, issuing timely warnings. [764 E; G-H; 765 A-B]

JUDGMENT:      CIVIL APPELLATE JURISDICTION : Civil Appeal No. 5497 of 1985.      From the Judgment and Order dated 17th October, 1985 of the Andhra Pradesh High Court in W.P. No. 11924 of 1985.                             WITH           Writ Petition (Civil) No. 12929 of 1985.       (Under Article 32 of the Constitution of India.)      S. Krishnan,  J.B. Dadachanji,  Mrs. A.K.  Verma,  Joel Peres and  Ms. Lira  Goswami,  for  the  Appellant  in  C.A. 5497/85.      K.K. Venugopal,  S.S. Krishna,  J.B.  Dadachanji,  Mrs. A.K.  Verma,   Joel  Perses,   Ms.  Lira  Goswami,  for  the Petitioners in W.P. No. 12929/85. 753      T.S. Krishnamurthy,  H.S. Gururaj,  S.  Markandeya,  K. Ramkumar and K. Ram Mohan for the Respondents.      B.P. Singh,  Ranjit Kumar  and Harbans  Singh  for  the interveners.      The Judgment of the Court was delivered by

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    CHINNAPPA REDDY,  J. A  brazen and bizarre exploitation of the  naive  and  foolish,  eager  and  ready-to-be-duped, aspirants for  admission to professional collegiate courses, behind the  smoke screen  of the  right of the minorities to establish and  administer educational  institutions of their choice -  is what  this case  is about.  A  society  styling itself as  the ’Andhra Pradesh Christian Medical Educational Society’ was registered on August 31, 1984. The first of the objectives mentioned in the memorandum of association of the society was,  "to establish, manage and maintain educational and other  institutions and impart education and training at all stages,  primary, secondary,  collegiate,  Post-graduate and  doctoral,   as  a   Christian  Minorities’  Educational Institutions." Another  object was  "to promote,  establish, manage and  maintain Medical colleges, Engineering colleges, Pharmacy colleges,  Commerce, Literature,  Arts and Sciences and Management  colleges and  colleges in other subjects and to  promote   allied  activities  for  diffusion  of  useful knowledge and training."Other objects were also mentioned in the Memorandum  of Association.  All that  is  necessary  to mention here  is that  none of  the objects,  apart from the first  extracted   object,  had  anything  to  do  with  any minority. Even the first mentioned object did not specify or elucidate what was meant by the statement that education and training at  all stages  was proposed  to be imparted in the institutions  of  that  society  "As  Christian  Minorities" Educational  Institutions’.   Apparently  the  wrods  "as  a Christian minorities’  educational institutions"  were added in  order   to  enable  the  society  to  claim  the  rights guaranteed by  Art. 30(1)  of the  Constitution and  for  no other purpose.  This will  become clearer  and clearer as we narrate further facts.      It is  also worthy  of note that neither the memorandum of association  nor the  articles of  association  make  any reference to any amount of corpus with which the society and the institutions  proposed to  be founded  by it  were to be financed 754 initially. It was admitted before us in answer to a question by us  to the learned counsel for the appellant-society that the society  had no  funds of  its own  apart from  what was collected from the students.      On August 27, 1984, one Professor C.A. Adams was one of the signatories  to the  memorandum of  association  of  the society, claiming  also to be the President of a self-styled National Congress  of Indian Christian addressed a letter to Smt. Indira Gandhi, late Prime Minister of India, requesting that the  Central Government  may grant  them permission  to establish a  Central Christian University of India in Andhra Pradesh, where  Christian children  would be  provided  with facilities for  education in arts, sciences, engineering and technological  courses,   medicine,  law   and   theological courses.  The  Petitions’  officer  attached  to  the  Prime Minister’s office  informed Prof.  Adams that his letter had been forwarded  to the Ministry of Education and Culture for further action.  On September 20, 1984, the Deputy Secretary to the  Government  of  India,  Ministry  of  Education  and Culture wrote  to the President, National Congress of Indian Christians to  the effect  that universities  could only  be established  under   Acts  of   Parliament   or   of   State Legislatures and there was, therefore, no question of giving permission to  any organisation  to establish  a university. However, it  was pointed  out that  it was  open to  private organisations to  establish  colleges  of  higher  education which could  seek affiliations  to the universities in whose

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jurisdiction they  were  established.  Such  colleges  could offer courses  leading to  university degrees  only if  they were affiliated  to a  university. Prof. Adams then wrote to the Government  of India  claiming that  there was  no legal impediment to  the grant  of permission by the Government to the establishment  of a  university. It  was  said  that  if necessary, the  Government could  initiate legislation also. In order  to avoid  further delay,  the letter  proceeded to state, they  were starting  professional  courses  in  rural areas at Vikarabad in Rangareddy District. It was stated "to start with,  as per  your advice,  we are proposing to start the following  faculties at  Vikarabad  where  we  have  our Christian Hospital,  High School,  Church and  other  vacant buildings and  plenty of  vacant land  suitable for  further expansion  belonging   to  our   christian  churches."   The Government of  India was  further requested  to address  the University of Hyderabad to grant affiliation to 755 their colleges and to recommend to the All-India Institution of Medical  Sciences to affiliate their medical college. The Government was  also  requested  to  sanction  ’the  Central grant’ for these colleges. Earlier in the letter it was also mentioned that  the Prime  Minister was kind enough to agree to grant  permission for  establishing the Central Christian University of India in Andhra Pradesh for the benefit of two crores of Christians living in India. Most of the statements in the letter are either misleading or false. That the Prime Minister had  agreed  to  the  establishment  of  a  Central Christian University  is admitted  before us  to  be  false. Similarly the  reference to  "our Christian  Hospital,  High School, and  Church and  vacant  buildings"  would  give  an impression  that   the  hospital,   high-school,  etc.  were institutions of  the self-styled National Congress of Indian Christians. None  of those  institutions  is  even  remotely connected  with   this  so-called   organisation.  This  was admitted before  us in  answer to  a question  by us.  While Prof. Adams  in his  capacity as  the so-called President of the National  Congress of  Indian  Christians  correspondent with the  Central Government,  the same  Professor Adams  in another capacity,  namely Chairman  of  the  Andhra  Pradesh Christian  Medical   Educational  Society,  entered  into  a correspondence with  the Chief Minister of the Government of Andhra Pradesh  and the Vice Chancellor, Osmania University. He  and  one  Christopher,  who  described  himself  as  the Secretary of  the Society  addressed a  letter to  the Chief Minister claiming  that under the provisions of Art.30(1) of the Constitution, they, the Christian minority had the right to establish  educational institutions  of their  choice and requested  him   to  initiate   necessary  action   for  the establishment of  a Central Christian University of India as suggested by the Government of India and to grant permission for establishing  a Christian  Medical College at Vikarabad. It was  mentioned in the letter that the Government of India had informed  them  that  either  Parliament  or  the  State Legislature  had  to  initiate  action  for  establishing  a university, but  the Government  of India had permitted them to start  professional colleges  and seek affiliation of the University  within  whose  jurisdiction  they  fell.  It  is unnecessary to  repeat that  the reference  to the  grant of permission was  false. On  November 30,  1984,  Christopher, Secretary of  the National  Congress  of  Indian  Christians wrote a  circlar  letter  to  the  Vice-Chancellors  of  the Osmania University, the Hyderabad Central 756 University and  eight  other  universities  all  over  India

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requesting them  to grant  affiliation to their colleges. On January 22,  1985, the  Registrar of  the Osmania University replied stating that it was necessary for the association to submit documentary  evidence regarding the fulfilment of the conditions prescribed  for  affiliation  and  to  submit  an application  in  the  prescribed  form.  The  conditions  of affiliation of a medical college were mentioned as :-           "1. These  should be full fledged Hospital with at           least (700) beds.           2. There  should be  a regular  out-patient deptt.           Casualty Dematology  well equipped  labs., Lecture           Halls, Demonstration Rooms for students.           3. There  should be a full fledged theatres in the           College, three  with seating  capacity for  150 to           200 students  each and  one with  seating capacity           for 350  to 400  students,  Lecture  Theatres  and           Demonstration  rooms   should  be   provided  with           necessary Audio-Visual  aids. In  addition to  the           Lecture Theatres,  there should  be an  auditorium           where 800 to 1000 persons could be seated.           4.  Accommodation  has  to  be  provided  for  the           following Departments  1. Anatomy 2. Physiology 3.           Bio-Chemistry  4.  Pharmacology  5.  Pathology  6.           Micro Biology  7. Forensic  Medicine 8. Social and           Preventive  Medicine   9.  General   Medicine  10.           Surgery 11.  Obstetrics and  Gynaeology 12.  Blood           Bank.           Accommodation has to be provided for the following           Departments :           5. The  cost of  equipment for  pre-parclinical is           Rs.1 crore  and recurring  expenditure on the pre-           and Paraclinical staff is Rs. 24,00 lakhs p.a.           6. The  Management should  establish the Labs. for           anatomy Physilogy and Bio-Chemistry immediately.           7. Amount  to be  provided for the construction of           the following :- 757           1. Hospital (700) beds             Rs. 7 crores.           2. College                         Rs. 3 crores.           3. Library, Administrative              Block, Auditorium Animal House              and Works shop                  Rs. 1 crore           4. Hospital                        Rs. 1-1/2 crore           5. Equipment & Furniture for              (i) Hospital                    Rs. 7-1/2                                              crores              (ii) College Hostels            Rs. 5 crores.           8. The  Management should appoint a Principal with           immediate effect to run the Medical College.           9. Permission  letter from  the  Govt.  of  Andhra           Pradesh to start a Medical College.           10. A  Govt. Order indicating that the Bye-laws of           the Management  has been  registered  as  Minority           Institution and  accepted  by  the  Government  as           such.           11. Documentary evidence for the Land for locating           the college and hospital.           12. Plan  of the  proposed building  in which  the           college and Hospital in proposed to be start.           13. Copies  of the  Order placed  with  firms  for           furniture,  books,   equipment,  if   any,  or   a           resolution to the effect that the management would           provide necessary  funds for  furniture, equipment           and books etc.           14. A  copy of  the constitution  of the Governing

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         Body and a copy of the Certificate of Registration           of the Governing Body." The National  Congress of Indian Christians was requested to furnish information  as required  in  the  annexture  in  10 copies. Thereafter  on March  19, 1983,  Professor Adams  as Chairman of the Christian Medical Education Society wrote to the Registrar,  Osmania University informing the latter that the Management  was taking necessary action in regard to the various matters mentioned in the letter of the University 758 dated January  22, 1985 and that one Dr. K. Sanjeeva Rao had been appointed  as Principal  of that College. It was stated in the  letter that  there was no need to get the permission of the  State Government  as the  Christian Community  had a right to  establish its  own educational  institutions under Art. 30 of the Constitution. But if permission was necessary permission  had   already  been   granted  by   the  Central Government in  their letter dated September 20, 1984. It was also mentioned  that ’plans  and estimates’  of the proposed medical college  at Muttangi,  Medak District were enclosed. The University  was further  informed that  60 students  had already been  admitted to  the first year of University MBBS course of  1984 session  and that  classes were  functioning from February 25, 1985. The University was requested to send its  screening   Committee  to   inspect  the  college.  The University   was   also   requested   to   grant   temporary affiliation.  The   letter   contained   the   usual   false statements. The  statement that  the Central  Government had granted  permission  was  of  course  false.  The  statement referring to  ’plans and  estimates’ of the proposed college building at  Muttangi, Medak District was again a misleading statement as  it is  now admitted  that the society does not own any  land in  Muttangi. Though the University had called upon  the   society  to  fulfil  several  conditions  before affiliation could  be granted,  it is  clear from the letter that apart  from appointing  somebody as  Principal  of  the College, nothing  whatever had  been done to comply with any of the other conditions. The society itself did not refer to any effort made by it to fulfil any of the other conditions. The admission of 60 students into the first year MBBS course was  in   defiance  of  the  conditions  laid  down  by  the University. It  was audacious since the society had no right to admit  any student  without getting  affiliation from the University. By  purporting to  admit students  into the  so- called medical  college, the  society had perpetrated a huge hoax on innocent boys and girls. The University wrote to the society on  May 23,  1985 pointing out that according to the procedure  laid  down,  affiliation  could  not  be  granted without obtaining  the feasibility  report of  the Screening Committee. It  was also pointed out that it was necessary to obtain the  permission  of  the  State  Government  and  the Medical Council  of  India  in  order  to  start  a  medical college. The  society was  informed  that  their  action  in admitting students in the first year MBBS course was highly 759 irregular and  illegal and  the society  was asked to cancel the admissions  made by  them. It  was also pointed out that attendance at  the institutions not affiliated or recognised by  the   University  would  not  qualify  a  candidate  for admission to any examination conducted by the university.      At this  juncture, it  is necessary to mention that the Andhra Pradesh  Christian Medical Education Society inserted an advertisement  in the  ’Decan Chronicle’  of December  9, 1984 inviting  applications from candidates for admission to the first  year MBBS  course of  the Andhra  Pradesh Central

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Institute of  Medical Sciences.  When the advertisement came to the  notice of the University authorities, they published a notification  informing the  public  in  general  and  the student community  in particular that the Osmania University had neither  permitted nor  granted affiliation  in the MBBS course  to   the  above   institution’  and  ’whoever  seeks admission in  the above  institution will  be  doing  so  at his/her  own   risk’.  The  society  appears  to  have  been inserting advertisements  off and  on inviting  applications for admission  to the  MBBS course.  So on March 4, 1985 the University  once  again  published  a  notification  in  the newspapers containing  a similar  warning. The  warning  was also broadcast  on the radio and telecast on the television. Despite  all   this,   the   society   again   inserted   an advertisement in  the newspapers  inviting applications from candidates for  admission to  the first year MBBS course for the 1985  session. The University once again, had to publish a notification  warning the  public. On  June 5,  1985,  the society inserted  an advertisement in the ’Decean Chronicle’ styled as  a ’reply  notice’, signed  by  an  Advocate.  The notice contained  the oft-repeated false allegation that the Central Government  had granted permission to the society to start professional  colleges and  that  the  Prime  Minister herself had  recommended the  grant of  permission.  It  was claimed  that   the  Osmania  University  had  no  power  to interfere with  the affairs of the Christian Medical College and  that   the  notification   published  by   the  Osmania University was  unconstitutional and  uncalled for.  It  was also stated that the management was seeking affiliation with other universitites  and had  made good  progress.  This  of course is another false statement. There is nothing whatever to indicate  that the  institution had  made any progress in obtaining affiliation from any other university. 760      On July  24, 1985,  the Government  of  Andhra  Pradesh wrote to the society informing them that permission to start a private medical college could not be granted as it was the policy of the Government of India and the Medical Council of India not  to permit opening of new medical colleges. Before us, the petitioner society disputed the statement that there was any  policy decision  of the  Government of India or the Medical Council  of India  not  to  permit  opening  of  new Medical colleges.  But two  letters -  one from  the Medical Council of  India to  the Government  of Andhra  Pradesh and another from  the Government of India to the Medical Council of India  - have  been brought  to our notice. In the letter dated January  16, 1981 from the Medical Council of India to the Government  of Andhra Pradesh it is stated, "The council is against  the starting  of any  new medical colleges until all the  existing ones  are put  on a  firm footing." In the letter of  the Government of India to the Medical Council of India, it  is stated,  "At present  there  are  106  medical colleges in  the country  with an  annual out turn of 12,500 medical graduates  per year.  This  out  put  is  considered sufficient to meet the medical man power requirements of the country. Therefore,  the present policy of the Government of India is not to permit setting up of new medical colleges."      On the  refusal of  the Government of Andhra Pradesh to grant permission  to the society to start a medical college, the society  filed a  writ petition  in the  High  Court  of Andhra Pradesh  seeking a  writ  to  quash  the  refusal  of permission by the Government of Andhra Pradesh and to direct the Government  to grant  permission and  the University  to grant affiliation.  The claim  for the  issue of  a writ was based on  the fundamental  right guaranteed by Art. 30(1) of

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the Constitution.  The writ petition was dismissed in limine by the  High Court  by a  speaking order  on the ground that there  were  no  circumstances  to  justify  compelling  the Government to grant permission to the society to start a new medical college  in view  of the  restriction placed  by  an expert body  like a Medical Council of India that no further medical college  should be  started. The  society has  filed this appeal by special leave of this court under Art. 136 of the Constitution.      Even while  narrating the facts, we think, we have said enough  to   justify  a   refusal  by  us  to  exercise  our discretionary   jurisdiction   under   Art.   136   of   the Constitution. We do not 761 have any  doubt that  the claim of the petitioner to start a minority educational institution was no more than the merest pretence. Except  the words,  "As the  Christian  Minorities Educational Institutions" occurring in one of the objects of the society,  as mentioned in the memorandum of association, there is  nothing whatever  to  justify  the  claim  of  the society that  the institutions  proposed to be started by it were  ’minority   educational  institutions’.  Every  letter written by  the society  whether to  the Central Government, the State  Government or  the University contained false and misleading statements.  As  we  had  already  mentioned  the petitioner had  the termerity  to admit  or pretend to admit students  in   the  first   year  MBBS  course  without  any permission being  granted by the Government for the starting of the  medical college  and without  any affiliation  being granted by  the University. The society did this despite the strong protest  voiced by  the University  and  the  several warnings issued  by the  university. The  society  acted  in defiance of  the University and the Government, in disregard of the  provisions of  the Andhra Pradesh Education Act, the Osmania University  Act and  the Regulations  of the Osmania University and  with total  indifference to the interest and welfare of  the students.  The society has played havoc with the careers  of several score students and jeopardised their future irretrievably.  Obviously the so-called establishment of a  medical college  was in  the  nature  of  a  financial adventure for  the so-called society and its office bearers, but an educational misadventure for the students. Many, many conditions had  to be  fulfilled before affiliation could be granted by the University. Yet the society launched into the venture  without   fulfilling  a   single  condition  beyond appointing someone  as principal. No one could have imagined that a  medical college  could function  without a  teaching hospital,  without   the  necessary   scientific  equipment, without the necessary staff, without the necessary buildings and without  the necessary  funds.  Yet  that  is  what  the society did  or pretended  to do.  We do  not have any doubt that the society and the so-called institutions were started as business ventures with a view to make money from gullible individuals anxious  to  obtain  admission  to  professional colleges. It  was nothing  but a  daring imposture and scul- duggery. By  no stretch  of imagination, can we confer on it the status and dignity of a minority institution. 762      It was seriously contended before us that any minority, even a  single individual  belonging to  a  minority,  could found a  minority institution  and had  the right  so to  do under the  Constitution and  neither the  Government nor the University could  deny the  society’s right  to establish  a minority institution,  at the  very threshold  as  it  were, howsoever  they   may  impose  regulatory  measures  in  the

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interests  of   uniformity,  efficiency  and  excellence  of education. The  fallacy of  the argument  in so  far as  the instant case  is concerned lies in thinking that neither the Government nor the University has the right to go behind the claim that  the institution is a minority institution and to investigate and  satisfy itself  whether the  claim is well- founded or  ill-founded. The  Government, the University and ultimately the  court have the undoubted right to pierce the ’minority veil’  -  with  due  apologies  to  the  Corporate Lawyers - and discover whether there is lurking behind it no minority at  all and  in any  case, no minority institution. The object of Art. 30(1) is not to allow bogies to be raised by pretenders  but  to  give  the  minorities  ’a  sense  of security  and   a  feeling  of  confidence’  not  merely  by guaranteeing the  right to  profess, practise  and propagate religion to  religious minorities  and the right to conserve their language, script and culture to linguistic minorities, but also  to enable all minorities, religious or linguistic, to establish  and  administer  educational  institutions  of their  choice.   These  institutions   must  be  educational institutions of  the minorities in truth and reality and not mere masked  phantoms. They  may be institutions intended to give the  children of  the minorities  the best  general and professional education,  to make them complete men and women of the  country and  to enable them to go out into the world fully prepared  and equipped. They may be institutions where special provision  is made  to the  advantage  and  for  the advancement  of   the  minority   children.  They   may   be institutions where  the  parents  of  the  children  of  the minority community  may expect  that education in accordance with the basic tenets of their religion would be imparted by or under  the guidance  of teachers,  learned and steeped in the faith. They may be institutions where the parents expect their children to grow in a pervasive atmosphere which is in pharmonyx with their religion or conducive to the pursuit to it. What  is important  and what is imperative is that there must  exist   some  real   positive  index   to  enable  the institution to be identified 763 as an  educational institution  of the  minorities. We  have already said  that in the present case apart from the half a dozen  words   ’as  a   Christian  minorities   institution’ occurring in one of the objects recited in the memorandum of association, there is nothing whatever, in the memorandum or the articles of association or in the actions of the society to indicate  that the  institution  was  intended  to  be  a minority educational  institution. As  already found  by  us these half  a dozen  words were introduced merely to found a claim on Art. 30(1). They were a smoke-screen.      It was contended before us that the permission to start a new medical college could not be refused by the Government nor could  affiliation be  refused by  the University  to  a minority institution  on the  ground that  the Government of India and  the Medical  Council of  India had taken a policy decision not to permit the starting of new medical colleges. It was  said that  such a  policy decision  would  deny  the minorities  their   right  to   establish   an   educational institution of their choice, guaranteed by Art. 30(1) of the Constitution. The  argument was  that the right to establish an educational  institution was  an absolute  right  of  the minorities and  that no  restriction, based on any ground of the public  interest or  state or  social necessity could be placed on  that right so as to destroy that right itself. It was said  that to  deny permission  to a minority to start a medical college on the ground that there were already enough

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medical colleges  in the  country was  tantamount to denying the right  of the  minority guaranteed  under Art. 30(1). On the other  hand, it was said, when in the pursuit of general or professional  educational for  its  members,  a  minority community joins  the mainstream  of national  life, it  must subject  itself   to  the   national  interest.   The  right guaranteed by Art. 30(1) gives the minority the full liberty to establish  educational institutions of its own choice. If the minority community expresses its choice and opts to join the scheme of national educational policy, it must naturally abide by  the terms  of that policy unless the terms require the surrender  of the  right under  Art. 30(1).  It was said that a medical college needed very heavy investment and that to produce  doctors beyond  need would  be a  national waste apart from  creating a  problem of  unemployment in a sphere where there  should be  none. It  appears, if one may borrow the words  of Sir  Roger de  Coverley, ’there  is much to be said on both sides’. In view 764 of our  conclusion on  the other  issues we  do not  want to venture an opinion on this question.      Shri K.K.  Venugopal, learned  counsel for the students who  have  been  admitted  into  the  MBBS  course  of  this institution, pleaded  that the  interests  of  the  students should not  be sacrificed because of the conduct or folly of the management  and that  they should be permitted to appear at   the    University   examination   notwithstanding   the circumstance that  permission and  affiliation had  not been granted to  the institution. He invited our attention to the circumstance  that   students   of   the   Medical   college established  by   the  Daru-Salaam  Educational  Trust  were permitted to  appear at  the examination notwithstanding the fact that  affiliation had  not by  then been granted by the University. Shri  Venugopal suggested  that we  might  issue appropriate directions  to the  University  to  protect  the interests of  the students.  We do  not think  that  we  can possibly acceed  to the  request made  by Shri  Venugopal on behalf of  the students.  Any direction of the nature sought by Shri  Venugopal would  be in  clear transgression  of the provisions of  the University Act and the regulations of the University. We  cannot by  our fiat direct the University to disobey the  statute to  which it owes its existence and the regulations made by the University itself. We cannot imagine anything  more  destructive  of  the  rule  of  law  than  a direction by  the court to disobey the laws. The case of the medical college  started by the Daru-Salaam Trust appears to stand on  a different  footing as  we find  from the  record placed before  us that  permission had  been granted  by the State Government  to the  Trust to start the medical college and on  that account, the University had granted provisional affiliation. We  also find that the Medical Council of India took  strong   and  serious   exception  to   the  grant  of provisional affiliation  whereupon the  University  withdrew the affiliation  granted to  the college.  We are  unable to treat what the University did in the case of the Daru-Salaam Medcial College as a precedent in the present case to direct the University  to do  something which  it is forbidden from doing by  the University  Act and  the  regulations  of  the University. We  regret  that  the  students  who  have  been admitted into the college have not only lost the money which they must have spent to gain admission into the college, but have also  lost one  or two years of precious time virtually jeopardising their future careers. But that is a 765 situation which  they have  brought upon  themselves as they

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sought and  obtained admission  in the  college despite  the warnings issued  by the University from time to time. We are happy to  note that  the  University  acted  watchfully  and wakefully,  issuing   timely  warnings   to  those   seeking admission to  the institution.  We are  sure many  must have taken heed  of the  warnings issued  by the  university  and refrained from seeking admission to the institution. If some did not heed the warnings issued by the university, they are themselves to  blame. Even  so if they can be compensated in some manner, there is no reason why that may not be done. We are told  that the  assets of  the institutions,  which have sprung out  of the  funds collected  from the students, have been frozen.  It is  up to  the State  Government to  devise suitable   ways,    legislative   and   administrative,   to compenstate the  students at  least monetarily.  The  appeal filed by  the society  is  dismissed  with  costs  which  we quantify at  Rs. 10,000.  The writ  petition  filed  by  the students is  dismissed but,  in the  circumstances,  without costs. P.S.S.                        Appeal and Petition dismissed. 766