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april 1969

Supreme Court of India · 1969-04-02

RT. REV. BISHOP S. K. PATRO & ORS. vs STATE OF BIHAR & ORS.

Citation / case number
SC 1968/60101
Court
Supreme Court of India
Petitioner
RT. REV. BISHOP S. K. PATRO & ORS.
Respondent
STATE OF BIHAR & ORS.
Author
HIDAYATULLAH, M. (),SHAHC.,RAMASWAMI, V.,MITTER, G.K.,GROVER, A.N.
Bench
HIDAYATULLAH, M. (CJ),SHAH, J.C.,RAMASWAMI, V.,MITTER, G.K.,GROVER, A.N.

Judgment text excerpt

The Supreme Court held that Article 30(1) of the Constitution protects the right of minorities to establish and administer educational institutions of their choice, regardless of whether they were established before the Constitution by individuals who were not born in India. The Court found that the school in question was established by local Christian residents of Bhagalpur with assistance from the Church Missionary Society, thus qualifying for the protection under Article 30(1). The High Court's ruling that the institution could not claim this benefit due to its founders not being Indian citizens was overturned.

RT. REV. BISHOP S. K. PATRO & ORS. vs STATE OF BIHAR & ORS. · Niyam