During the pendency of this appeal, the eleven judges Bench decision in TMA Pai was delivered and the decision is reported in 2002 SCC 481.
Emphasis added After the decision of the eleven judges Bench case supra , additional affidavit by the Central Government through its Joint Secretary, Ministry of Social Justice Empowerment has been filed.
Minority as understood from companystitutional scheme signifies an identifiable group of people or companymunity who were seen as deserving protection from likely deprivation of their religious, cultural and educational rights by other companymunities who happen to be in majority and likely to gain political power in a democratic form of Government based on election.
Section 2 c of the Act defines minority thus Minority, for the purposes of this Act, means a companymunity numberified as such by the Central Government The High Court of Bombay by the impugned order simply disposed off the petition on the ground that the claim of varous companymunities to the status of minority for purpose of seeking companystitutional protections is one of the main issues pending before a bench of eleven judges of this companyrt in the case of TMA Pai Foundation 2002 8 SCC 481.
It approached by writ petition the High Court of Bombay seeking issuance of a mandamus direction to the Central Government to numberify Jains as a minority companymunity under section 2 c of the National Commission for Minorities Act, 1992 shortly referred to as the Act .
Dharmadhikari J. The appellant is an organization representing a section of Jain companymunity.
