REV. SIDHAJBHAI SABHAI AND OTHERS versus STATE OF BOMBAY AND ANOTHER

REV. SIDHAJBHAI SABHAI AND OTHERS versus STATE OF BOMBAY AND ANOTHER

The rules and government orders compelling reservation of 80% seats for government nominees and threatening withdrawal of grants and recognition infringe the fundamental freedom under Article 30(1); this right is not subject to restrictions conceived in the interest of the public or nation as a whole, but only...

Source-derived case information.

Parties
Petitioner: Rev. Sidhajbhai Sabhai and Others; Respondent: State of Bombay and Another
Jurisdiction
India
Judgment Date
30 August 1962
Procedural Posture
Writ Petition Under Article 32 / Final Judgment
Outcome
Petition allowed.
Legal Topics
Fundamental Rights, Minority Rights, Educational Institutions, Right to Establish and Administer Institutions
Constitutional Law Education Law Fundamental Rights Minority Rights Educational Institutions Right to Establish and Administer Institutions

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Parties

Rev. Sidhajbhai Sabhai and Others

Petitioner

State of Bombay and Another

Respondent

Procedural Posture

Writ Petition Under Article 32 / Final Judgment

Legal Issues

  1. 1 Whether government-mandated reservation of seats in a minority-run educational institution infringes the fundamental right under Article 30(1) of the Constitution of India.
  2. 2 Whether rules requiring reservation and threat of withdrawal of recognition/grants violate rights under Articles 30(1), 26(a)-(d), and 19(1)(f) & (g).

Ratio Decidendi

The rules and government orders compelling reservation of 80% seats for government nominees and threatening withdrawal of grants and recognition infringe the fundamental freedom under Article 30(1); this right is not subject to restrictions conceived in the interest of the public or nation as a whole, but only regulations directed to the educational character and effectiveness of the institution are permissible.

Court Disposition

Petition allowed.

Orders

  • Writ issued in terms of prayers (a), (b), (c), and (d) insofar as they relate to reservation of seats under government orders, with modification that reference to Rule 12 in the prayers is deleted.
  • Petitioners entitled to costs of the petition.