NATIONAL LAW INSTITUTE UNIVERSITY BHOPAL

COMMON LAW METHOD

FIRST TRIMESTER
PROJECT WORK

Analysis of

Brahmosmj Education Society and Ors.

Vs
State of West Bengal and Ors.
Constitutional bench
MANU/SC/0384/2016

SUBMITTED BYSUBHASHISH KUMAR

2016 BALLB(Hons) 90

SUBMITTED TOPROF.(Dr).GHAYUR ALAM

Professor in business & IP law
(Ministry of HRD chair)
1

TABLE OF CONTENTS
1.
2.
3.
4.

FACTS. .3
MATERIAL FACTS.4
CONCRETE DECISION..5
RATIO DECIDENDI6

BRAHMOSMJ EDUCATION SOCIETY AND ORS.

VS
STATE OF WEST BENGAL AND ORS.
(CIVIL APPEAL NO 9683-9684 of 1983)
SOURCE- http:// http://www.manupatrafast.in/pers/Personalized.aspx
HONBLE JUDGES/CORAM- T.S. Thakur, C.J.I., F.M. Ibrahim Kalifulla, A.K. Sikri,
S.A. Bobde and R. Banumathi, JJ.
DECIDED ON- 15.01.2016

FACTS OF THE CASE1) The appellant Brahmo Samaj Education Society is the societal component of
Brahmoism, a religious group.
2) The respondent is the State of West Bengal and others.
3) The appellant Brahmo Samaj Education Society had filed a petition praying for
declaration to the effect that Brahmo Samaj is a separate and distinct religion by itself,
a religious minority and a religious denomination.
4) The appellant also prayed for a direction commanding the Respondents to recognize
and grant protection to the institutions established, managed and administered by the
Brahmo Samaj.
5) It also prayed for direction to the State to not interfere with or disturb the management
of the said Institutions and not to enforce the provisions of the West Bengal College
Service Commission Act 1978 and the West Bengal College Teachers (Security of
Service) Act 1975
6) A further declaration that the provisions of Statute 93 and similar other provisions of
the University First Statute which interfere with the Constitution and powers of the
Governing Body of the Colleges established and administered by the appellant can
have no application to such institutions.

MATERIAL FACTS1) To establish and administer an educational institution is held to be a right coming under
Article 19 (1) (g) of the constitution.
2) The petitioners Brahmo Samaj Education Society receives funds from the respondent, State
of West Bengal and administers institutions aided by government.

CONCRETE DECISION-

The supreme court of India permitted the Petitioner Brahmo Samaj to approach the Central
Government for a declaration to the effect that Brahmo Samaj is a minority religious
community and stated:
1) If the Secretary to the Government of India, Minority Affairs does not receive the
representation from the Petitioners within a period of eight weeks from the date of
this order the interim orders (the judgment rendered by the court in 1984) made shall
stand vacated.
Also, the court didnt express any opinion on the merits of the claim made by the
Petitioners Brahmo Samaj Educational society as to which aspect shall be examined by the
Government.

RATIO DECIDENDI-

1) NET (National Eligibility Test) or SLET (State Level Eligibility Test) is the basic
qualification required for teacher to be appointed in a government aided institution
and there cannot be any additional requirement.
2) Independence for the selection of teachers among the qualified Candidates is
fundamental to the maintenance of the academic and administrative autonomy of an
aided institution.