Reference has been made to Art. The illustrations given above will apply to that case also. Thus Anglo-Indians or Christians or Muslims may congregate in one particular suburb of a town or one particular ward of a municipality and they may be in a majority there. ” The State of Kerala, therefore, contends that in order to constitute a minority which may claim the fundamental rights guaranteed to minorities by Art. We need not, however, on this occasion go further into the matter and enter upon a discussion and express a final opinion as to whether education being a State subject being item 11 of List 11 of the Seventh Schedule to the Constitution subject only to the provisions of entries 62, 63, 64 and 66 of List I and 1050 entry 25 of List III, the existence of a minority community should in all circumstances and for purposes of all laws of that State be determined on the basis of the population of the whole State or whether it should be determined on the State basis only when the validity of a law extending to the whole State is in question or whether it should be determined on the basis of the population of a particular locality when the law under attack applies only to that locality, for the -Bill before us extends to the whole of the State of Kerala and consequently the minority must be determined by reference to the entire population of that State.
Notwithstanding this agreement, Mr. In the Bihar Petition No. Likewise the Tamilians residing in Karolbagh, if they happen to be larger in number than the members of other communities residing in Karolbagh, will not be entitled to establish and maintain a Tamilian school in Karolbagh, whereas the Tamilians residing in, say, Daryaganj where they may be le-,is numerous than the members of other communities residing in Daryaganj will be a minority or section within the meaning of Arts.
29 (1) and 30 (1) persons must numerically be a minority in the particular region in which the educational institution in question is or is intended to be situate. In fact the secretary of the union wrote to the Commissioner of Labour on September 22, 1954, that he strongly objected to the alleged dispute of sixty workmen being referred to adjudication. ” What then, we inquire, are the materials placed before us to substantiate the claim that the sacrifice of a cow is enjoined or sanctioned by Islam ?
It was under these circum- stances that the appellant issued the first two notifica- tions on October 8, 1954 and January 15, 1955. It is well known that in many towns persons belonging to a particular community flock together in a suburb of the town or a ward of the municipality. 30 (1) and, strictly speaking, for answering question 2 we need not enquire as to what a minority community means or how it is to be ascertained We may also emphasise that question 2 itself proceeds on the footing that there are minorities in Kerala who are entitled to the rights conferred by Art.
It is admitted that out of the total population of 1,42,00,000 in Kerala there are only 34,00,000 Christians and 25,00,000 Muslims. 58 of 1956 are set out the following bald allegations: The materials before us are extremely meagre and it is surprising that on a matter of this description the allegations in the petition should be so vague. The free NRI Legal Services exercise of religion by which is meant the performance of outward acts in pursuance of NRI Legal Services relgious belief, is, as stated above, subject to State regulation imposed to secure order, public health and morals of the people.
According to the argument of learned counsel for the State of Kerala the Anglo-Indians or Christians or Muslims of that NRI Legal Services locality, taken as a unit, will not be a ” minority ” within the meaning of the Articles under consideration NRI Legal Services and will not, therefore, be entitled to establish and NRI Legal Services maintain educational institutions of their choice in that locality, but if some of the members belonging to the NRI Legal Services Anglo-Indian or Christian community happen to reside in another suburb of the same town or another ward of the same municipality 1049 and their number be less than that of the members of other communities residing there, then those members of the Anglo- Indian or Christian community will be a minority within the meaning of Arts.
Sinha, the conciliation officer, wrote to the company on September 3, 1954, that he desired to hold NRI Legal Services conciliation proceedings inrespectof,some of the dismissed workmen. nThey also, however, form the majority community in certain other areas of the State. A little reflection will at once show that this is not a satisfactory test. These are, no doubt, extreme illustrations, but they serve to bring out the fallacy inherent in the argument on this part of the case advanced by learned counsel for NRI Legal Services the State of Kerala.
Likewise Bengolis residing in a particular ward in a town in Bihar where they may form the majority will not be entitled to conserve their language, script or culture by imparting education in Bengali. (In (1951) 3 Assam 384, it was held that persons who are alleged to be a minority must be a minority in the particular region in which the institution involved is situated). The Anglo-Indians in the State of Travancore- Cochin before the re Organisation of the States numbered only 11,990 according to the 1951 Census.
By this test Christians, Muslims and Anglo-Indians will certainly be minorities in the State of Kerala. 350-A in support of the argument that a local authority may be taken as a unit. Are we to take as our unit a district, or a sub- division or a taluk or a town or its suburbs or a municipality or its wards ? Further such a construction will necessitate the addition of the words ” within their jurisdiction ” after the words ” minority groups “.
The dispute raised by the sixty workmen was not sponsored by any Organisation or body of workmen. Itis immaterial also whether the propagation is made by a person in his individual capacity or NRI Legal Services on behalf of any church or institution. The last sentence, of that Article also appears to run counter to such argument. Again Bihari labourers residing in the industrial areas in or near Calcutta where they may be the majority in that locality will not be entitled to have the minority rights and those Biharis will have no educational institution of their choice imparting education in Hindi, although they are numerically a minority if we take the entire city of Calcutta or the State of West Bengal as a unit.
29 and 30 and will be entitled to establish and maintain educational institutions of their choice in that locality. Where is the line to be drawn and which is the unit which will have to be taken ?