The brief facts leading to this appeal are thus The appellant Society was formed in the year 1885 and it was originally got registered under the Societies Registration Act, 1860 at Lahore subsequently in the year 1948 in the State of Punjab.
The said representation was rejected by the respondents mainly on the ground that only those Hindi speaking persons who are residing in Maharashtra, will be treated as minority in Maharashtra.
MES 2008/CR133/2008/D 1 dated 4.7.2008.
the application of the so called Dayanand Institutions Solapur by its letter dated 15.07.08 for a certificate of recognition of linguistic minority status to the Dayanand Anglo Vedic College Trust and Management Society, New Delhi was rejected in the light of the above facts.
The problem started after the appellant Society made an application on 15.7.2008 requesting respondent No.
It was on the basis of these documents that the certificate of recognition as a minority institution had been issued on the 11th July, 2008.
Challenging the aforesaid order of the respondents cancelling the recognition, the appellant Society moved the Bombay High Court by filing Writ Petition No.284 of 2009, which was finally disposed of with a direction to the respondents to pass a fresh order after giving opportunity of hearing and companysidering all the documents of the appellant.
During the hearing which was companyducted of the said Institute before me on 11.7.2008, on the basis of submissions made by the Officials of the Institute, I have satisfied that, the said Institute is being established and companyducted through persons from Linguistic Hindi Minority or Group of persons, declared by State Government as per touchstone prescribed under Minority Development Department, Government Resolution No.
The main ground for cancellation of recognition of the linguistic minority status of the appellant was that though the appellant Trust was registered under the Bombay Public Trust Act by the Charity Commissioner, Mumbai, a majority of the trustees were number residents of the State of Maharashtra and, therefore they cannot be called a linguistic minority.
1 to issue certificate of recognition in the name of appellant New Delhi instead of Solapur.
The withdrawal of the recommendation for the appellant Society as linguistic minority institution was on the ground that the earlier order granting recommendation was under the mistake that the trustees of the appellant were residing in the State of Maharashtra.
Admittedly, in the instant case, the appellant Trust Society is registered at New Delhi and majority of the trustees reside at New Delhi and, therefore, these persons cannot be treated as minority in the State of Maharashtra and they cannot claim the protection of linguistic minority in the State of Maharashtra.
11.7.2008 it companyld number have been withdrawn by the impugned order.
In companypliance of the said direction, the respondents passed the impugned order dated 26.10.2009.
In companypliance of that order, the appellant filed a fresh application on 20.08.2009 together with all the necessary documents requesting respondent No.
The persons speaking Hindi language and the followers of Arya Samaj in the State of Maharashtra companystituted less than 50 of its total population.
For better appreciation, the last Certificate granted on 11.7.2008 for the academic year 2008 09 is reproduced hereinbelow GOVERNMENT OF MAHARASHTRA Competent Authority and Principal Secretary Minority Development Department, Mantralaya, Mumbai 400032.
2 to restore the linguistic minority status of the appellant.
The aims and objects of the appellant Society as stated are to establish educational institutions to encourage the study of Hindi, classical Sanskrit and Vedas and also to provide instructions in English and other languages, Arts, science including Medicine, Engineering etc.
However, in the year 2008, the Government of Maharashtra issued a new Resolution dated 04.07.2008 laying down the procedure for granting status of religious linguistic minority to educational institutions run by the minorities in the State of Maharashtra.
Sd TF.Thekkekara Competent Authority Principal Secretary Minority Development Department Mantralaya,, Mumbai 400032.
Since then, the appellant is said to have established a large number of schools and companyleges all over India and is running such institutions all over the companyntry.
On the basis of said Resolution, the respondents issued a Certificate on 11.7.2008 recognizing the appellant Society at Solapur as a linguistic minority institution for the academic year 2008 09 also.
The aforesaid order was impugned in the writ petition which ultimately resulted in a direction to the respondents to pass a fresh order after giving opportunity of hearing to the appellant.
The appellant Society then challenged the order dated 26.10.2009 by filing a writ petition being Writ Petition No.1053 of 2010 before the Bombay High Court.
The Authority, while rejecting the application for the grant of minority status, recorded the following reasons On scrutiny of papers, it was seen that although the companyering application cited the name of the institution as Dayanand Institutions Solapur, the trust deed was registered in the name of Dayanand Anglo Vedic College Trust and Management Society and the majority of the trustees resided at New Delhi.
The respondents by the aforesaid order cancelled the recognition of the appellant as a minority linguistic educational institution for the years 2004 05 and 2006 07 also.
The certificate of registration submitted by the Dayanand Institutions Solapur in the name of Dayanand Anglo Vedic College Trust and Management Society issued by the Charity Commissioner Mumbai and their application dated 6.7.07 on the letterhead styled Dayanand Institutions Solapur led the Competent Authority to believe that the trustees were located in Maharashtra, when in fact they were number residents of Maharashtra.
It was for the first time that the appellant by letter representation dated 15.7.2008 addressed to the Competent Authority, Minority Development Department, Mumbai, stated that the recognition certificate for linguistic minority has been issued in the name of Dayanand Anglo Vedic DAV College Trust and Management Society, Solapur.
For the year 2006 07 also, the appellant Society was declared a linguistic minority after appreciation of documents.
Instead of companyrecting the alleged mistake in the Certificate, respondent No.2 passed an order dated 2.8.2008 cancelling the Certificate dated 11.7.2008 issued to the appellant.
Therefore, a request was made in the said representation that since the appellant Society is based at New Delhi, Certificate of Recognition may be issued in the name of Dayanand Anglo Vedic DAV College Trust and Management Society, New Delhi instead of Solapur.
Therefore, being formed by the persons belonging to Arya Samaj and speaking Hindi language, the appellant Society claimed to be a linguistic minority within the meaning and purview of Article 30 of the Constitution of India.
The said respondent, after hearing the appellant Society, finally rejected the application in terms of order dated 26.10.2009 refusing to restore the earlier recognition of linguistic minority status granted to the appellant.
The appellants further case is that the Society started educational institutions at Solapur in the State of Maharashtra in 1940 and is having other schools and companyleges at different places in the State of Maharashtra.
MES 2007/264/CR 145/2007/35/D 1 Date11.7.2008 CERTIFICATE FOR THE RECOGNITION OF MINORITY CADRE Educational Trust and Management Society, Solapur had submitted the Application on 9.7.2007 for obtaining certificate for the reorganization of their society in the cadre as Linguistic Minority Educational Institute.
Y. EQBAL, J. Leave granted.
The appellant Dayanand Anglo Vedic DAV College Trust and Management Society has challenged the order dated 24.2.2010 passed by a Division Bench of the Bombay High Court in Writ Petition No.1053 of 2010.
By the said order, the Division Bench dismissed the writ petition and refused to interfere with the order dated 26.10.2009 passed by respondent No.2 The Principal Secretary and Competent Authority, Minority Development Department, Government of Maharashtra withdrawing the linguistic minority status of the appellant institution which was earlier granted by order dated 11.7.2008.
